UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6388
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES EDWARD HAGY,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. James C. Turk, District Judge.
(CR-95-10044, CA-97-776-R)
Submitted: May 14, 1998 Decided: June 3, 1998
Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Edward Hagy, Appellant Pro Se. Richard Albert Lloret, OFFICE
OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant filed an untimely notice of appeal. We dismiss for
lack of jurisdiction. The time periods for filing notices of appeal
are governed by Fed. R. App. P. 4. These periods are "mandatory and
jurisdictional." Browder v. Director, Dep't of Corrections, 434
U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S.
220, 229 (1960)). Parties to civil actions have sixty days within
which to file in the district court notices of appeal from judg-
ments or final orders. Fed. R. App. P. 4(a)(1). The only exceptions
to the appeal period are when the district court extends the time
to appeal under Fed. R. App. P. 4(a)(5) or reopens the appeal
period under Fed. R. App. P. 4(a)(6).
The district court entered its order on December 11, 1997;
Appellant's notice of appeal was filed on March 12, 1998, which is
beyond the sixty-day appeal period. Appellant's failure to note a
timely appeal or obtain an extension of the appeal period leaves
this court without jurisdiction to consider the merits of Appel-
lant's appeal. We therefore deny a certificate of appealability and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
2