UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6055
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TRAVIS EUGENE LANE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-
98-454; CA-01-3440-1-CCB)
Submitted: May 12, 2004 Decided: June 8, 2004
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Travis Eugene Lane, Appellant Pro Se. Angela R. White, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Travis Eugene Lane seeks to appeal the district court’s
order dismissing as untimely his 28 U.S.C. § 2255 (2000) motion.
We dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
When the United States or its officer or agency is a
party, the notice of appeal must be filed no more than sixty days
after the entry of the district court’s final judgment or order,
Fed. R. App. P. 4(a)(1)(B), unless the district court extends the
appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal
period under Fed. R. App. P. 4(a)(6). This appeal period is
“mandatory and jurisdictional.” Browder v. Dir., Dep’t of Corr.,
434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361
U.S. 220, 229 (1960)).
The district court’s order was entered on the docket on
December 10, 2001. The notice of appeal was filed on November 24,
2003. Because Lane failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, 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
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