United States of America v. Gary Cunningham

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6886
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GARY CUNNINGHAM,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (5:01-cr-00010-FPS-2)
Submitted: December 14, 2006 Decided: December 20, 2006
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gary Cunningham, Appellant Pro Se. Robert H. McWilliams, Jr.,
Assistant United States Attorney, Thomas Edward Johnston, OFFICE OF
THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gary Cunningham seeks to appeal his conviction and
sentence. In criminal cases, the defendant must file the notice of
appeal within ten days after the entry of judgment. Fed. R. App.
P. 4(b)(1)(A). With or without a motion, upon a showing of
excusable neglect or good cause, the district court may grant an
extension of up to thirty days to file a notice of appeal. Fed. R.
App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th
Cir. 1985).
The district court entered judgment on January 15, 2002.
The notice of appeal was filed on April 26, 2006. Because
Cunningham 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 contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED

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