United States v. Jones

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6883
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EMORY CLASH JONES,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, Chief District Judge;
J. Frederick Motz, District Judge. (CR-97-309, CA-01-3622-JFM)
Submitted: March 6, 2003 Decided: March 13, 2003
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Emory Clash Jones, Appellant Pro Se. Christine Manuelian, OFFICE OF
THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Emory Clash Jones seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2000) motion. We dismiss
the appeal for lack of jurisdiction because the notice of appeal
was not timely filed.
When the United States or its officer or agency is a party,
the notice of appeal must be filed no more than sixty days after
the entry of the district court’s final judgment or order, 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 Corrections, 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 April
2, 2002. The notice of appeal was filed, by counsel, on June 6,
2002. Because Jones failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we deny
Jones’ motion for a certificate of appealability and 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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