UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7483

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

FRANCIS DAVID SHERMAN,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, District Judge. (1:10-cr-00039-JPJ-RSB-1; 1:13-cv-80587-JPJ-RSB)

Submitted: November 19, 2015 Decided: November 24, 2015

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Francis David Sherman, Appellant Pro Se. Zachary T. Lee, Assistant United States Attorney, Abingdon, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Francis David Sherman appeals the district court’s order

denying his motion to reopen the period to note an appeal from

the district court’s order denying relief on his

(2012) motion. Sherman’s motion asserted that he did not

receive a copy of the district court’s order denying his

motion. Because Sherman filed his motion to

reopen the period to note an appeal more than 180 days after the

district court’s order denying his § 2255 motion, the district

court lacked authority to reopen the appeal period. See Fed. R.

Civ. P. 77(d)(2); Fed. R. App. P. 4(a)(6).

Accordingly, we affirm the district court’s order. We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before

this court and argument would not aid the decisional process.

AFFIRMED

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