United States v. Myles

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7501
PAUL MYLES,
Defendant - Appellant,
versus
UNITED STATES OF AMERICA,
Plaintiff - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (CR-99-46; CA-01-931)
Submitted: January 24, 2005 Decided: February 17, 2005
Before KING, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Paul Myles, Appellant Pro Se. Isaac Louis Johnson, Jr., OFFICE OF
THE UNITED STATES ATTORNEY, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Paul Myles seeks to appeal the district court’s order
denying his 28 U.S.C. § 2255 (2000) motion. Parties are accorded
sixty days after the entry of the district court’s final judgment
or order to note an appeal when the United States is a party, Fed.
R. App. P. 4(a)(1)(B), unless the district court extends the appeal
period under Fed. R. App. P. 4(a)(5) or reopens the appeal period
under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory
and jurisdictional.” Browder v. Director, Dep’t of Corr., 434 U.S.
257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220,
229 (1960)). The district court’s order was entered on the docket
on May 16, 2003. The notice of appeal was filed, at the earliest,
on September 8, 2004. Because Myles failed to file a timely notice
of appeal or to obtain an extension or reopening of the appeal
period, we deny Myles’ motion to expand the record and dismiss the
appeal for lack of jurisdiction. 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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