UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7012

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KAREEM TOMLIN,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-92-238-V)

Submitted: September 16, 2004 Decided: September 23, 2004

Before LUTTIG, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kareem Tomlin, Appellant Pro Se. Robert James Conrad, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Kareem Tomlin seeks to appeal his 1993 conviction and

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). Tomlin filed his notice of appeal many years after the

expiration of the appeal period. Because Tomlin failed to file a

timely notice of appeal, we 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.

DISMISSED

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