UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7514

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SUBU DUBEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:02-cr-00109-F-1)

Submitted: December 16, 2008 Decided: December 24, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Subu Dubey, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Subu Dubey seeks to appeal his conviction and

sentence. In criminal cases, the defendant must file the notice

of appeal within ten days after the entry of judgment. Fed. R.

App. P. 4(b)(1)(A). With or without a motion, upon a showing of

excusable neglect or good cause, the district court may grant an

extension of up to thirty days to file a notice of appeal. Fed.

R. App. P. 4(b)(4); United States v. Reyes,

(4th Cir. 1985).

The district court entered judgment on January 29,

2003. The notice of appeal was filed on July 21, 2008. Because

Dubey failed to file a timely notice of appeal or obtain an

extension of the appeal period, and does not demonstrate good

cause to excuse the late filing, 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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