___________ No. 96-1624 ___________ Marvin Eugene Wahl, * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Arkansas. * [UNPUBLISHED] United States of America, * * Appellee. * ___________ Submitted: July 18, 1996 Filed: July 30, 1996 ___________ Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Marvin Eugene Wahl appeals the district court's order denying his two 18 U.S.C. § 3582(c)(2) motions to reduce his sentence. Because Wahl filed his notice of appeal more than ten days after entry of the order, we lack jurisdiction to review the merits of his appeal. See Fed. R. App. P. 4(b) (affording criminal defendants ten days after entry of judgment or order to file notice of appeal; district court may grant thirty-day extension upon showing of excusable neglect); United States v. Petty, 82 F.3d 809, 810 (8th Cir. 1996) (per curiam) (Rule 4(b) applies to appeals from denial of § 3582(c)(2) motion; timely notice of appeal is both mandatory and jurisdictional).

Accordingly, we dismiss the appeal. See 8th Cir. R. 47A(a).

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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