LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. Eric Michael TURNER, a/k/a Boo, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2001-09-14No. No. 01-6913
18 F. App'x 188

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

Eric M. Turner seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2000). We dismiss the appeal for lack of jurisdiction because Appellant’s notice of appeal was not timely filed. Parties are accorded sixty days if the United States is a party after entry of the district court’s final judgment or order to note an appeal, see Fed. R.App. P. 4(a)(1), 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, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)). The district court’s order was entered on the docket on February 21, 2001. Turner’s notice of appeal was filed on May 29, 2001. Because Appellant failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny 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.