United States v. Swift , 55 F. App'x 167 ( 2003 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7667
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DAVID SWIFT,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. Richard C. Erwin, Senior
    District Judge. (CR-89-235-G)
    Submitted:   January 16, 2003             Decided:   January 27, 2003
    Before WILLIAMS, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    David Swift, Appellant Pro Se. Anna Mills Wagoner, United States
    Attorney, Greensboro, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    David Swift seeks to appeal his conviction for possession with
    intent to distribute cocaine base.        We dismiss the appeal for lack
    of jurisdiction, because the notice of appeal was not timely filed.
    In criminal cases, the defendant must file his notice of appeal
    within ten days of entry of judgment.        Fed. R. App. P. 4(b)(1)(A).
    This appeal period is “mandatory and jurisdictional.”             Browder v.
    Director, Dep’t of Corr., 
    434 U.S. 257
    , 264 (1978) (quoting United
    States v. Robinson, 
    361 U.S. 220
    , 229 (1960)).            Swift’s criminal
    judgment was entered on the docket on September 20, 1990.                 The
    notice of appeal was filed on October 20, 2002.*             Because Swift
    failed to file a timely notice of appeal, 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
    *
    For purposes of this appeal, we assume that the date
    appearing on the notice of appeal is the earliest date it could
    have been properly delivered to prison officials for mailing to the
    court. See Fed. R. App. P. 4(c); Houston v. Lack, 
    487 U.S. 266
    (1988).
    2
    

Document Info

Docket Number: 02-7667

Citation Numbers: 55 F. App'x 167

Judges: Williams, King, Gregory

Filed Date: 1/27/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024