UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7363
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TORRANCE JONES, a/k/a Tube,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CR-96-79-BO)
Submitted: February 23, 1999 Decided: May 21, 1999
Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Torrance Jones, Appellant Pro Se. Christine Blaise Hamilton, OF-
FICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Torrance Jones filed an untimely notice of appeal from the
district court’s denial of his post-judgment motion to correct an
alleged error in the transcript of his criminal trial. A defendant
in a criminal action is accorded ten days from entry of the
judgment or order being appealed within which to file a notice of
appeal in the district court. See Fed. R. App. P. 4(b)(1)(A); cf.
United States v. Kress, 944 F.2d 155, 161 (3d Cir. 1991) (applying
ten-day appeal period to district court’s order denying Fed. R.
Crim. P. 35 motion). The district court may extend this appeal
period only upon a finding of excusable neglect or good cause. An
extension of time may not exceed thirty days from the expiration of
the time otherwise prescribed. See Fed. R. App. P. 4(b)(4).
The district court entered its order on June 4, 1998;* Jones’
notice of appeal was given to prison officials for mailing, and
thus deemed filed, on September 9, 1998. Jones failed to file a
timely notice of appeal or obtain an extension. We therefore dis-
miss the appeal. We dispense with oral argument because the facts
*
Although the district court’s order is marked as “filed” on
May 28, 1998, the district court’s records show that it was entered
on the docket sheet on June 4, 1998. Pursuant to Rule 4(b)(1) of
the Federal Rules of Appellate Procedure, it is the date that the
order was entered on the docket sheet that we take as the effective
date of the district court’s decision.
2
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
DISMISSED
3