United States v. Tyrone Wagner

37 F.3d 1497, 1994 WL 579979

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 24, 1994
• Docket: 94-6115
• Status: Published

Opinion

37 F.3d 1497
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

UNITED STATES of America, Plaintiff Appellee,
v.
Tyrone WAGNER, Defendant Appellant.

No. 94-6115.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 26, 1994.
Decided Oct. 24, 1994.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Herbert F. Murray, Senior District Judge. (CR-90-37, CA-92-3107)

Tyrone Wagner, appellant Pro Se.

James Richard Alsup, Asst. U.S. Atty., Baltimore, Md., for appellee.

D.Md.

DISMISSED.

Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit Judges.

PER CURIAM:

Appellant noted this appeal outside the sixty-day appeal period established by Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and is not entitled to relief under Fed. R.App. P. 4(a)(6). The time periods established by Fed. R.App. P. 4 are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). Appellant's failure to note a timely appeal or obtain an extension of the appeal period deprives this Court of jurisdiction to consider this case. We therefore 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.