United States v. Langham

                                         PUBLISH

                         UNITED STATES COURT OF APPEALS
Filed 2/28/96
                               FOR THE TENTH CIRCUIT
                         ___________________________________

UNITED STATES OF AMERICA,                  )
                                           )
                Plaintiff-Appellee,        )
                                           )
v.                                         )      No. 95-5180
                                           )
CHARLES SAMUEL LANGHAM,                    )
                                           )
                Defendant-Appellant.       )

                         ___________________________________

                       Appeal from the United States District Court for
                             the Northern District of Oklahoma
                                  (D.C. No. 90-CR-103-C)

                        _____________________________________

James L. Swartz, Assistant United States Attorney, Tulsa, Oklahoma
for Plaintiff-Appellee.
Charles Langham, pro se.

                        _____________________________________

Before ANDERSON, TACHA, and KELLY.

                        _____________________________________



      After examining the briefs and appellate record, this panel has determined that oral

argument would not materially assist the determination of this appeal. See Fed. R. App. P.

34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.
       The defendant was convicted of various drug offenses following a guilty plea in July

1991. The conviction and sentence were affirmed on direct appeal in April 1993. On March

23, 1995, the defendant filed a motion for the transcripts of his sentencing hearing at

government expense, contending that he needed the transcripts to prepare a post-conviction

motion pursuant to 28 U.S.C. § 2255. That motion was denied on July 31 and the notice of

appeal was filed on August 21. The defendant has not filed any collateral proceedings

challenging this conviction.



       We lack jurisdiction because the notice of appeal was untimely. See Fed. R. App. P.

4(b); United States v. Lanier, 604 F.2d 1157, 1159-60 (8th Cir. 1979).



       A timely notice of appeal is both mandatory and jurisdictional. Browder v. Director,

Dept. of Corrections, 434 U.S. 257, 264 (1978).



       Accordingly, this appeal is DISMISSED.




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