UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-4510
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY MCCLAIN, a/k/a Ice, a/k/a New York,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Charles E. Simons, Jr., Senior
District Judge. (CR-96-179)
Submitted: August 18, 1998 Decided: September 8, 1998
Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Elvin Hopkins, Jr., MCCUTCHEN, BLANTON, RHODES & JOHNSON,
L.L.P., Columbia, South Carolina, for Appellant. J. Rene Josey,
United States Attorney, Scarlett A. Wilson, Assistant United States
Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony McClain was convicted pursuant to his guilty pleas of
carjacking, armed robbery, carrying a firearm in connection with a
crime of violence, and possession of a firearm by a convicted
felon. On appeal, he alleges that he should have been tried in
state, rather than federal, court, that the district court
improperly applied the Sentencing Guidelines* in calculating his
sentence, and that trial counsel rendered ineffective assistance.
Because we find that McClain failed to file a timely 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.” United States v. Raynor, 939 F.2d 191, 197 (4th
Cir. 1991). Criminal defendants must file their notices of appeal
within ten days after the entry of judgment. Fed. R. App. P. 4(b).
Although this time period may be extended in certain circumstances,
none of these apply to McClain.
The district court filed its judgment and commitment order on
November 19, 1996. McClain filed his notice of appeal on June 24,
1997, which is well beyond the ten-day appeal period. McClain’s
failure to note a timely appeal leaves this court without
jurisdiction to consider the merits of his appeal. We therefore
dismiss the appeal. We dispense with oral argument because the
*
U.S. Sentencing Guidelines Manual (1995).
2
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
DISMISSED
3