UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7819
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GEORGE HARRIS, a/k/a “George”, a/k/a “Mr. G.”,
a/k/a “G”,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior
District Judge. (CR-88-76-N; CA-95-789-N)
Submitted: May 13, 2004 Decided: May 19, 2004
Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George Harris, Appellant Pro Se. Robert Joseph Seidel, Jr.,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George Harris filed in the district court a motion
entitled “Memorandum of Law in Support of Petitioner’s Motion for
Relief From Judgment.” This motion, filed in 2003, was construed
by the district court as a notice of appeal of the court’s 1999
denial of Harris’s successive challenge on his 1988 conviction.
Although it does not appear that Harris was seeking to appeal the
district court’s 1999 order, to the extent his motion was construed
as a notice of appeal, such an appeal is untimely. See Fed. R.
App. P. 4(a). Because the appeal period is “mandatory and
jurisdictional,” we lack jurisdiction to consider Harris’s claims.
Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264 (1978)
(quoting United States v. Robinson, 361 U.S. 220, 229 (1960).
Accordingly, we dismiss the appeal. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
DISMISSED
- 2 -