US v. Smith
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANTOINE NOBEL SMITH, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:01-cr-00180-BO, 5:05-cv-00132-BO)
August 22, 2007
September 6, 2007
Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Antoine Nobel Smith, Appellant Pro Se. Steve R. Matheny, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Antoine Nobel Smith 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). "mandatory and jurisdictional." This appeal period is
Browder v. Dir., 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 April 11, 2006. Giving Smith the benefit of Houston v. Lack, 487
U.S. 266 (1988), the notice of appeal was filed, at the earliest, on June 26, 2006. Because Smith failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the
contentions the court
decisional process. DISMISSED
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