US v. Gregory McMahan, No. 08-4293 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4293 UNITED STATES OF AMERICA, Plaintiff Appellee, v. GREGORY MICHAEL MCMAHAN, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Lacy H. Thornburg, District Judge. (2:07-cr-00002-LHT-3) Submitted: November 26, 2008 Before WILKINSON and Senior Circuit Judge. GREGORY, Decided: Circuit December 29, 2008 Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Robert L. Cooper, COOPER, DAVIS & COOPER, Fayetteville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory Michael McMahan seeks to appeal his conviction and sentence. In criminal cases, the defendant must file the notice of appeal within ten days after the entry of judgment. Fed. R. App. P. 4(b)(1)(A). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R. App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985). The district October 29, 2007. The court notice entered of appeal judgment was filed on on See Fed. R. App. P. 4(c); Houston v. Lack, January 14, 2008. 487 U.S. 266 (1988). Because McMahan failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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