UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7199
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CELSO CERVANTES-HERNANDEZ,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. Louise W. Flanagan,
Chief District Judge. (7:03-cr-00075-FL-2)
Submitted: December 21, 2010 Decided: January 4, 2011
Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Celso Cervantes-Hernandez, Appellant Pro Se. Steve R. Matheny,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Celso Cervantes-Hernandez seeks to appeal his
conviction and sentence. In criminal cases where judgment was
entered prior to December 1, 2009, the defendant must file a
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
February 19, 2004. The notice of appeal was filed more than six
years later on August 26, 2010. Because Cervantes-Hernandez
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
2