US v. Jeffrey Vaillancourt

Filing 920080624

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6106 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JEFFREY PETER VAILLANCOURT, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:06-cr-00199-CMH; 1:07-cv-00732-CMH) Submitted: June 19, 2008 Decided: June 24, 2008 Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Jeffrey Peter Vaillancourt, Appellant Pro Se. Dennis Michael Fitzpatrick, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jeffrey Peter Vaillancourt 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. We are obligated to review our jurisdiction sua sponte in all cases. 1993). See Maksymchuk v. Frank, 987 F.2d 1072, 1075 (4th Cir. 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). and jurisdictional." This appeal period is "mandatory 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 September 18, 2007. 2007. The notice of appeal was filed on December 11, Because Vaillancourt 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 We dispense with oral argument because the are adequately presented in the contentions - 2 - materials before the court and argument would not aid the decisional process. DISMISSED - 3 -

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