Unpublished Dispositionunited States of America, Plaintiff-appellee, v. William Canter, Defendant-appellant, 871 F.2d 1089 (6th Cir. 1989)

Before BOYCE F. MARTIN, Jr. and MILBURN, Circuit Judges, and JOHN D. HOLSCHUH, District Judge^* .

ORDER

The defendant appeals his jury conviction for conspiracy with intent to distribute and possession of cocaine. The plaintiff now moves to dismiss the appeal on the grounds that the notice of appeal is late. The defendant has not responded.

The district court entered judgment in this case on October 24, 1988. The defendant appealed from this judgment on January 30, 1989. A notice of appeal in a criminal case is due to be filed with the clerk of the district court within ten (10) days of entry of the judgment or order from which the appeal is taken. Fed. R. App. P. 4(b); U.S. v. Willis, 804 F.2d 961, 962 (6th Cir. 1986). Since this notice of appeal was filed ninety-eight (98) days after the entry of judgment, the appeal is late and the Court lacks jurisdiction over this case. Therefore,

It is ORDERED that the motion to dismiss is granted.