United States of America, Plaintiff-appellee, v. John Clayton Harris, Defendant-appellant, 76 F.3d 389 (9th Cir. 1996)

MEMORANDUM^** 

John C. Harris, who was convicted of bank robbery in violation of 18 U.S.C. § 2113(a), appeals the district court's denial of his motion to file a late notice of appeal. We affirm.

Compliance with the filing deadlines set forth in Fed. R. App. P. 4(b) is "both mandatory and jurisdictional." See United States v. Avendano-Camacho, 786 F.2d 1392, 1394 (9th Cir. 1986) (citations omitted). Harris neither filed his notice of appeal within the ten-day filing period, nor did he timely seek an extension of time due to excusable neglect. While we recognize an exception to Rule 4(b) where an appellant has done all he could under the circumstances to perfect an appeal, an attorney's failure to file a notice of appeal after informing the defendant that it would be filed does not satisfy that exception. See id., citing United States v. Smith, 425 F.2d 173, 174 (9th Cir. 1970).

AFFIRMED.