United States v. Brown ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40246
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SYLVESTER WILLIAM BROWN, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC Nos. 4:98-CV-27
4:96-CR-13-1
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October 18, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Sylvester William Brown, Jr., federal prisoner # 04293-078,
seeks a certificate of appealability (“COA”) to appeal the
district court’s denial of his 28 U.S.C. § 2255 motion.
This court must examine the basis of its jurisdiction on its
own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). A timely notice of appeal is a mandatory
precondition to the exercise of appellate jurisdiction. See
Nelson v. Foti, 707 F.2d 170, 171 (5th Cir. 1983). The record
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-40246
-2-
shows that, although the district court granted Brown’s motion to
reopen the time for filing a notice of appeal, Brown did not file
his notice of appeal within 14 days of entry of the order to
reopen, and his notice of appeal was therefore untimely. See
Fed. R. App. P. 4(a)(6).
Accordingly, the appeal is DISMISSED for lack of
jurisdiction. Brown’s request for a COA is DENIED as moot.
APPEAL DISMISSED; COA DENIED AS MOOT.