United States v. Freeman

89 F. App'x 387

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 25, 2004
• Docket: 03-4125
• Status: Unpublished

Opinion

PER CURIAM.

Darnell Freeman was convicted of conspiracy to distribute crack cocaine and sentenced to 121 months’ imprisonment by judgment entered on January 3, 2003. Freeman filed a notice of appeal on January 23. The district court found no excusable neglect or good cause excusing Freeman’s untimely filing.

Criminal defendants have ten days from the entry of the judgment or order at issue to file a notice of appeal. See Fed. R.App. P. 4(b). The appeal periods established by Rule 4 are mandatory and jurisdictional. Browder v. Dir., Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978). Because Freeman filed his notice of appeal outside the appeal period and failed to show either good cause or excusable neglect, we lack jurisdiction to consider the merits of the appeal.

Accordingly, we dismiss this 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