The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4587
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT H. BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. James R. Spencer, District Judge.
(CR-99-47)
Submitted: December 19, 2001 Decided: January 15, 2002
Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Audrey Freeman jaCobs, Richmond, Virginia, for Appellant. Paul J.
McNulty, United States Attorney, Stephen W. Miller, Assistant
United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert H. Brown seeks to appeal the district court’s order
resentencing him for his violation of 18 U.S.C. § 922(g)(9) (1994),
following a remand from this court. See United States v. Brown, 6
F. App. 159, 161 (4th Cir. 2001). We dismiss the appeal for lack
of jurisdiction because Brown’s notice of appeal was not timely
filed.
Parties to a criminal proceeding are accorded ten days after
entry of the district court’s final judgment to note an appeal, see
Fed. R. App. P. 4(b)(1)(A), unless the district court extends the
appeal period under Fed. R. App. P. 4(b)(4). This appeal period is
“mandatory and jurisdictional.” Browder v. Director, Dep’t of Cor-
rections, 434 U.S. 257, 264 (1978) (quoting United States v. Robin-
son, 361 U.S. 220, 229 (1960)).
The district court’s judgment was entered on the docket on
July 18, 2001. Brown’s notice of appeal was filed on July 31,
2001. Because Brown failed to file a timely notice of appeal or to
obtain an extension of the appeal period, we dismiss the appeal.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
DISMISSED
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