UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6194
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JONATHAN T. HOUGH,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-01-107)
Submitted: August 17, 2005 Decided: September 6, 2005
Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jonathan T. Hough, Appellant Pro Se. Lisa Blue Boggs, Assistant
United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jonathan T. Hough seeks to appeal his conviction and
sentence. We conclude that Hough’s notice of appeal is untimely.
A notice of appeal in a criminal case must be filed within ten days
of the entry of judgment being appealed. Fed. R. App. P. 4(b)(1).
The district court, upon a finding of excusable neglect or good
cause, may extend the time period for filing a notice of appeal an
additional thirty days. Fed. R. App. P. 4(b)(4). The appeal
periods established by Rule 4 are mandatory and jurisdictional.
Browder v. Dir., Dep’t of Corr., 434 U.S. 257, 264 (1978); United
States v. Raynor, 939 F.2d 191, 197 (4th Cir. 1991). The district
court entered its judgment on October 31, 2001, and Hough filed his
notice of appeal on January 25, 2005, over three years after his
conviction. As Hough’s appeal is untimely, we dismiss his appeal
for lack of jurisdiction. We deny Hough’s motion to hold the
appeal in abeyance pending the district court’s ruling on his
motion for leave to file an appeal out of time, as the district
court does not have jurisdiction to grant an extension beyond the
period set forth in Rule 4(b).
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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