United States of America v. Kevin James Bearden, a/k/a Kevin Bearde

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6349
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEVIN JAMES BEARDEN, a/k/a Kevin Bearde,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CR-99-3)
Submitted: July 29, 2005 Decided: August 12, 2005
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin James Bearden, Appellant Pro Se. Stephen Wiley Miller,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Kevin James Bearden was convicted of two counts of using
a firearm during a crime of violence in violation of 18 U.S.C.
§ 924(c) (2000). On April 28, 2000, he was sentenced to 360
months’ imprisonment. In February 2005, Bearden filed with the
district court pleadings labeled “Notice of Appeal Pursuant to
3742" and “Review of Sentence Title § 3742(a)(2)(3)(c),” which the
court properly construed as notices of appeal.
In a criminal case, defendant’s notice of appeal must be
filed within ten days after the entry of judgment or order being
appealed. Fed. R. App. P. 4(b)(1)(A). Because the time for
appealing his sentence has expired, we dismiss this appeal as
untimely. 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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