United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-2751 ___________ United States of America, * * Appellee, * * v. * * Richard Mathis, * * Appellant. * * __________ Appeals from the United States No. 99-2753 District Court for the __________ District of South Dakota. * United States of America, * [UNPUBLISHED] * Appellee, * * v. * * Doyle Mathis, * * Appellant. * ___________ Submitted: April 7, 2000 Filed: May 8, 2000 ___________ Before LOKEN, FAGG, and HANSEN, Circuit Judges. ___________ PER CURIAM.

In these consolidated appeals, Richard and Doyle Mathis each appeal the district court’s1 order denying their joint motion for reconsideration of a motion filed in Richard’s criminal tax fraud case. Because the May 25, 1999 notice of appeal was not filed within ten days of the May 10, 1999 entry of the district court’s order, we lack jurisdiction. See Fed. R. App. P. 4(b)(1)(A) (in criminal case, defendant must file notice of appeal within ten days of entry of order being appealed); Fed. R. App. P. 26(a) (computation of time).

The appeal is dismissed.

A true copy.

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

The HONORABLE JOHN B. JONES, United States District Judge for the District of South Dakota. -2-