U.S. Court of Appeals for the Fourth Circuit, 2004

United States v. Coker

United States v. Coker
U.S. Court of Appeals for the Fourth Circuit · Decided September 29, 2004 · Williams, Motz, Traxler
110 F. App'x 326

United States v. Coker

Opinion

PER CURIAM:

Orrie Coker seeks to appeal his convictions for carjacking and a related firearms offense. The district court entered judgment of conviction against Coker on February 20, 2002. Coker timely noted an appeal, and we affirmed the conviction and sentence. United States v. Coker, No. 02-4171 (4th Cir. Aug. 02, 2002) (unpublished). Coker filed a second notice of appeal from the February 20 judgment on May 3, 2004. We dismiss the appeal.

*327 A defendant’s notice of appeal in a criminal case must be filed within ten days of the entry of judgment. Fed. R.App. P. 4(b)(1). The appeal periods established by Rule 4 are mandatory and jurisdictional. Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978); Panhorst v. United States, 241 F.3d 367, 369-70 (4th Cir. 2001). Because Coker’s notice of appeal is clearly untimely, we lack jurisdiction and 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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