United States of America, Plaintiff-appellee, v. Troy Cherry, Defendant-appellant, 943 F.2d 50 (4th Cir. 1991)

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U.S. Court of Appeals for the Fourth Circuit - 943 F.2d 50 (4th Cir. 1991)

Submitted Aug. 26, 1991. Decided Sept. 9, 1991


Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, District Judge. (CR-88-202-A)

Troy Cherry, appellant pro se.

Debra Sue Straus, Assistant United States Attorney, Alexandria, Va., Robert W. Jaspen, Assistant United States Attorney, Richmond, Va., for appellee.

E.D. Va.

DISMISSED.

Before WILKINSON and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:


Troy Cherry noted this appeal outside the 60-day appeal period established by Fed. R. App. P. 4(a) (1), and failed to move for an extension of the appeal period within the additional 30-day period provided by Fed. R. App. P. 4(a) (5). 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 or obtain an extension of the appeal period deprives this Court of jurisdiction to consider this case. We therefore deny leave to proceed in forma pauperis and 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.