United States of America, Plaintiff-appellee, v. Tony Lemont Summers, Defendant-appellant, 73 F.3d 359 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 73 F.3d 359 (4th Cir. 1995)

Submitted: November 30, 1995. Decided: December 21, 1995


Tony Lemont Summers, Appellant Pro Se. Michael Francis Joseph, Assistant United States Attorney, Greensboro, NC, for Appellee.

Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


Appellant noted this appeal outside the sixty-day appeal period established by Fed. R. App. P. 4(a) (1), failed to obtain an extension of the appeal period within the additional thirty-day period provided by Fed. R. App. P. 4(a) (5), and is not entitled to relief under Fed. R. App. P. 4(a) (6). 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)). The district court entered its order on April 14, 1995; Appellant's notice of appeal was filed on July 10, 1995. 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 dismiss the appeal. We deny Appellant's motion to vacate the district court's order. 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