UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6597
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICKEY MAZIQUE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron McGowan Currie, District
Judge. (CR-95-19)
Submitted: August 25, 2005 Decided: September 2, 2005
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Rickey Mazique, Appellant Pro Se. Alfred William Walker Bethea,
Jr., Assistant United States Attorney, Florence, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rickey Mazique seeks to appeal from his judgment of
conviction, which order was entered by the district court on April
4, 1996. Mazique’s notice of appeal was filed on March 21, 2005.
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 court may grant an
extension of time to file of up to thirty days upon a showing of
excusable neglect. Fed. R. App. P. 4(b)(4). The time periods
established by Rule 4 are “mandatory and jurisdictional.” Browder
v. Director, Dep’t of Corrections, 434 U.S. 257, 264 (1978)
(quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). We
dismiss this appeal for lack of jurisdiction because we find
Mazique’s notice of appeal to be untimely.* 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
*
We note also that Mazique previously appealed this same
judgment of conviction, and this court affirmed his conviction and
sentence by opinion decided April 11, 1997.
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