United States v. Casanova , 54 F. App'x 174 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7575
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
AUDLEY CASANOVA,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Winston-Salem. Frank W. Bullock,
Jr., District Judge. (CR-95-108, CA-01-1059-1)
Submitted: December 19, 2002 Decided: January 9, 2003
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Audley Casanova, Appellant Pro Se. Clifton Thomas Barrett,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Audley Casanova was convicted by a jury of possession with
intent to distribute crack cocaine and received a 210-month
sentence. Casanova seeks to appeal the criminal judgment entered
against him on January 9, 1996. 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 the entry of judgment. Fed. R. App. P.
4(b)(1)(A). The criminal judgment in this case was entered on
January 9, 1996. The earliest Casanova’s notice of appeal could be
deemed filed is October 2, 2002, the date written on his notice of
appeal. Clearly, the notice of appeal was filed well beyond the
ten-day appeal period. We therefore dismiss this appeal for lack of
jurisdiction. We further note that this is Casanova’s second appeal
of the same judgment. This Court previously affirmed the judgment
on the merits. See United States v. Casanova, No. 96-4051, 1999 WL
2522 (4th Cir. Jan. 5, 1999) (unpublished). 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
2