UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6106
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEFFREY PETER VAILLANCOURT,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:06-cr-00199-CMH; 1:07-cv-00732-CMH)
Submitted: June 19, 2008 Decided: June 24, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey Peter Vaillancourt, Appellant Pro Se. Dennis Michael
Fitzpatrick, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jeffrey Peter Vaillancourt 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.
We are obligated to review our jurisdiction sua sponte in
all cases. See Maksymchuk v. Frank, 987 F.2d 1072, 1075 (4th Cir.
1993). 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
September 18, 2007. The notice of appeal was filed on December 11,
2007. Because Vaillancourt 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
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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