United States v. Wilson

132 F. App'x 453

Opinion

PER CURIAM.

David Allen Wilson has filed an untimely notice of appeal from his September 11, 1997, judgment in a criminal case. 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 to file 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 judgment in September 11, 1997; the notice of appeal was not filed until February 14, 2005. Because Wilson failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the 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

* To the extent Wilson seeks authorization under 28 U.S.C. § 2244 (2000) to file a successive 28 U.S.C. § 2255 (2000) motion, authorization is denied.