Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Michael White, Defendant-appellant, 876 F.2d 104 (6th Cir. 1989)

Before RALPH B. GUY and RYAN, Circuit Judges, and DAVID D. DOWD,^*  Jr., District Judge.

ORDER

The defendant appeals his jury conviction and sentence for mail fraud and interstate transportation of securities taken by fraud in connection with an arson for profit scheme. The plaintiff now moves to dismiss the appeal on the grounds that the notice of appeal is untimely. The defendant has not responded.

The district court entered judgment on September 23, 1988. The defendant appealed from this judgment on March 27, 1989. A notice of appeal in a criminal case must be filed with the clerk of the district court within ten (10) days of entry of 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 approximately six months after the entry of judgment, the appeal is untimely and the Court lacks jurisdiction over this case.

It is therefore ORDERED that the motion to dismiss is granted.