United States v. McClelland ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4352
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BRUCE L. MCCLELLAND,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Raymond A. Jackson, District
Judge. (CR-01-113)
Submitted: August 29, 2002 Decided: September 5, 2002
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Bruce L. McClelland, Appellant Pro Se. Peter Conrad Myers, OFFICE
OF THE STAFF JUDGE ADVOCATE, Langley Air Force Base, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bruce L. McClelland was convicted by a magistrate judge of a
traffic offense. He filed an appeal with the federal district
court. On February 25, 2002, the district court dismissed
McClelland’s appeal. McClelland now seeks to appeal the district
court’s order. We dismiss the appeal for lack of jurisdiction
because McClelland’s notice of appeal was not timely filed.
Parties are accorded ten days after the entry of the district
court’s final judgment or order to note an appeal, see Fed. R. App.
P. 4(b)(1), unless the district court extends the appeal period
under Fed. R. App. P. 4(b)(4). This appeal period is “mandatory
and jurisdictional.” United States v. Raynor, 939 F.2d 191, 197
(4th Cir. 1991); United States v. Schuchardt, 685 F.2d 901, 902
(4th Cir. 1982).
The district court’s order was entered on the docket on
February 25, 2002. McClelland’s notice of appeal was filed on April
24, 2002. Because McClelland failed to file a timely notice of
appeal or to obtain an extension, 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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