United States of America, Plaintiff--appellee, v. James Archer Fisher, Iii, Defendant--appellant, 873 F.2d 1441 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 873 F.2d 1441 (4th Cir. 1989) Submitted March 20, 1989. Decided April 26, 1989

James Archer Fisher, III, appellant pro se.

N. George Metcalf, Office of the United States Attorney, for Appellee.

Before K.K. HALL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


James Archer Fisher, III, noted this appeal outside the 10-day appeal period and 30-day extension period provided by Fed. R. App. P. 4(b). The time periods established by Fed. R. App. P. 4 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)). Appellant's failure to note a timely appeal deprives this Court of jurisdiction to consider this case. We therefore dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.

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