IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50900
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY DAILEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CR-35-2
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April 4, 2000
Before GARWOOD, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Anthony Dailey appeals the district court’s denial of the
Government’s Fed. R. Crim. P. 35(b) motion. A timely notice of
appeal is a prerequisite to the exercise of jurisdiction by this
court. United States v. Carr, 979 F.2d 51, 55 (5th Cir. 1992).
Dailey’s notice of appeal was filed more than ten days after the
district court denied the motion and is thus untimely. Fed.
R. Crim. P. 4(b). Accordingly, we lack jurisdiction over this
appeal, and it is DISMISSED.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.