United States v. Langham

77 F.3d 1280

UNITED STATES of America, Plaintiff-Appellee,
v.
Charles Samuel LANGHAM, Defendant-Appellant.

No. 95-5180.

United States Court of Appeals,
Tenth Circuit.

Feb. 28, 1996.

Appeal from the United States District Court for the Northern District of Oklahoma (D.C. No. 90-CR-103-C).

James L. Swartz, Assistant United States Attorney, Tulsa, Oklahoma, for Plaintiff-Appellee.

Charles Langham, pro se.

Before ANDERSON, TACHA, and KELLY, Circuit Judges.

1

After examining the briefs and appellate record, this panel has determined that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

2

The defendant was convicted of various drug offenses following a guilty plea in July 1991. The conviction and sentence were affirmed on direct appeal in April 1993. On March 23, 1995, the defendant filed a motion for the transcripts of his sentencing hearing at government expense, contending that he needed the transcripts to prepare a post-conviction motion pursuant to 28 U.S.C. § 2255. That motion was denied on July 31 and the notice of appeal was filed on August 21. The defendant has not filed any collateral proceedings challenging this conviction.

3

We lack jurisdiction because the notice of appeal was untimely. See Fed. R.App. P. 4(b); United States v. Lanier, 604 F.2d 1157, 1159-60 (8th Cir.1979).

4

A timely notice of appeal is both mandatory and jurisdictional. Browder v. Director, Dept. of Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 560, 54 L.Ed.2d 521 (1978).

5

Accordingly, this appeal is DISMISSED.