UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4974
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WARDELL RODNEY JONES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CR-04-19)
Submitted: March 23, 2005 Decided: April 7, 2005
Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Robert Leonard Flax, Richmond, Virginia, for Appellant. Paul
Joseph McNulty, United States Attorney, Alexandria, Virginia;
Gurney Wingate Grant, II, OFFICE OF THE UNITED STATES ATTORNEY,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wardell Rodney Jones seeks to appeal his conviction and
sentence. The Government has moved to dismiss the appeal as
untimely. In criminal cases, the defendant must file his notice of
appeal within ten days of the entry of judgment. Fed. R. App. P.
4(b)(1)(A). With or without a motion, the district court may grant
an extension of time to file of up to thirty days upon a showing of
excusable neglect or good cause. Fed. R. App. P. 4(b)(4); United
States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).
The district court entered its judgment in May 2004; the
notice of appeal was not filed until October 2004. Because Jones
failed to file a timely notice of appeal or to obtain an extension
or reopening of the appeal period, we grant the Government’s motion
and dismiss the appeal from Jones’ conviction and sentence.
Further, Jones seeks to appeal the district court’s order
denying his motion for an extension of time to file a notice of
appeal. Because the district court lacked jurisdiction to extend
the appeal period, we affirm that order. 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.
AFFIRMED IN PART; DISMISSED IN PART
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