United States v. McMahan , 311 F. App'x 577 ( 2008 )

UNPUBLISHED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 Decided: December 29, 2008
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 court entered judgment on
October 29, 2007. The notice of appeal was filed on
January 14, 2008. See Fed. R. App. P. 4(c); Houston v. Lack,
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
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