IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31041
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GEORGE MELLEN, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CR-87
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April 11, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
George Mellen Jr. seeks to appeal his guilty-plea conviction
for conspiracy to commit arson. This court must examine the
basis for its appellate jurisdiction sua sponte, if necessary.
See Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely
notice of appeal is a mandatory precondition to the exercise of
appellate jurisdiction. See United States v. Merrifield, 764
F.2d 436, 437 (5th Cir. 1985).
*
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that this opinion should not be published and is not precedent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.
No. 00-31041
-2-
Mellen did not file a notice of appeal within 10 days of the
entry of the district court’s judgment, nor did he file within
the additional 30-day window for excusable neglect. See Fed.
R. App. P. 4(b)(1) and (4). His notice of appeal was filed in
excess of eight months after the district court rendered judgment
in his case and is thus insufficient to confer appellate
jurisdiction on this court to review his guilty-plea conviction.
See id.; Merrifield, 764 F.2d at 437; see also United States v.
Awalt, 728 F.2d 704, 705 (5th Cir. 1984). To the extent that
Mellen seeks to appeal the district court’s denial of his
postjudgment motion to dismiss the indictment, he has “appealed
from the denial of a meaningless, unauthorized motion.” United
States v. Early, 27 F.3d 140, 141 (5th Cir. 1994). The Federal
Rules of Criminal Procedure do not authorize the postjudgment
motion practice employed in this case. Accordingly, the appeal
is DISMISSED for lack of jurisdiction.
APPEAL DISMISSED.