United States v. Miller ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4310
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WILLIE JAMES MILLER, a/k/a Willie Gene Miller,
Defendant - Appellant,
versus
WILLIE L. HUGH; SHAWN D. CHAPMAN; ORIGEN
FINANCIAL INC; WILLIAMS FINANCIAL SERVICES
INCORPORATED,
Parties in Interest.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(CR-02-471-TLW)
Submitted: December 15, 2005 Decided: December 20, 2005
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jerry M. Screen, SCREEN & LEVY, Columbia, South Carolina, for
Appellant. Arthur Bradley Parham, OFFICE OF THE UNITED STATES
ATTORNEY, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
By notice of appeal dated February 12, 2005, Willie James
Miller seeks to appeal a sentence imposed upon him by a criminal
judgment entered on July 28, 2003. In criminal cases, the
defendant must file his notice of appeal within ten days of the
entry of judgment. Fed. R. App. P. 4(b)(1)(A). That appeal period
may be extended for a maximum of thirty days upon a showing of good
cause or excusable neglect. Fed. R. App. P. 4(b)(4). The time
periods established by Rule 4 are “mandatory and jurisdictional.”
Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264 (1978).
Because Miller failed to file a timely notice of appeal or to
obtain an extension of the appeal period, we dismiss the appeal for
lack of jurisdiction. 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
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