UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-5169
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RAMON R. HOPE,
Defendant – Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Margaret B. Seymour, District
Judge. (0:05-cr-00095-MBS-1)
Submitted: February 18, 2009 Decided: March 12, 2009
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Edward Vanderbloemen, GALLIVAN, WHITE & BOYD, PA,
Greenville, South Carolina, for Appellant. James Chris
Leventis, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Columbia,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ramon R. Hope seeks to appeal his conviction and
sentence. In criminal cases, the defendant must file the notice
of appeal within ten days after the entry of judgment. Fed. R.
App. P. 4(b)(1)(A). With or without a motion, upon a showing of
excusable neglect or good cause, the district court may grant an
extension of up to thirty days to file a notice of appeal.
Fed. R. App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351,
353 (4th Cir. 1985).
The district court entered judgment on October 19,
2006. The notice of appeal was filed on November 24, 2008.
Because Hope failed to file a timely notice of appeal or to
obtain an extension 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
∗
To the extent Hope’s notice of appeal relates to the
district court’s November 13, 2008 order denying his request for
an extension of time in which to file a 28 U.S.C.A. § 2255
motion, the order Hope seeks to appeal is a non-appealable
interlocutory order, and this court is without jurisdiction to
consider it.
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