United States v. Kennedy

120 F. App'x 503

Opinion

PER CURIAM.

John Damon Kennedy seeks to appeal the district court’s order denying a motion to reconsider the restitution portion of Kennedy’s criminal sentence. In criminal cases, the defendant must file his notice of appeal within ten days of the entry of judgment. Fed. R.App. P. 4(b)(1)(A). With or without a motion, the district court may grant an extension of time of up to thirty days upon a showing of excusable neglect or good cause. Fed. R.App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir.1985).

The district court entered its order on May 18, 2004; the ten-day appeal period, which excludes weekends and holidays, expired on June 2. Kennedy filed his notice of appeal after both the ten-day period and the thirty-day excusable neglect period expired. The notice of appeal is therefore untimely, and the appeal must be dismissed for lack of jurisdiction. United States v. Robinson, 361 U.S. 220, 227, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960) (holding appeal period “mandatory and jurisdictional”). We dispense with oral argument be cause the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED