UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7189
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CEDRIC LEVAR ALEXANDER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James H. Michael, Jr., Senior
District Judge. (CR-01-35; CA-04-393)
Submitted: May 16, 2006 Decided: May 19, 2006
Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Weber III, WEBER PEARSON, PC, Roanoke, Virginia; Robert Allen
Ratliff, ROBERT A. RATLIFF, PC, Mobile, Alabama, for Appellant.
Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY,
Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Cedric Levar Alexander seeks to appeal the district
court’s order denying relief on 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 is a party, a 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. Director, 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 judgment was entered on the docket
on May 26, 2005. Alexander’s counsel certified that he
electronically filed the notice of appeal on July 26, 2005.
Because Alexander 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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