United States of America v. Coker, No. 02-4171 4th Cir. Aug. 20, 2002 unpublished . Coker filed a second notice of

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6804
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ORRIE COKER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Sol Blatt, Jr., Senior District
Judge. (CR-00-97)
Submitted: September 17, 2004 Decided: September 29, 2004
Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Orrie Coker, Appellant Pro Se. Michael Rhett DeHart, Assistant
United States Attorney, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Orrie Coker seeks to appeal his convictions for
carjacking and a related firearms offense. The district court
entered judgment of conviction against Coker on February 20, 2002.
Coker timely noted an appeal, and we affirmed the conviction and
sentence. United States v. Coker, No. 02-4171 (4th Cir. Aug. 20,
2002) (unpublished). Coker filed a second notice of appeal from
the February 20 judgment on May 3, 2004. We dismiss the appeal.
A defendant’s notice of appeal in a criminal case must be
filed within ten days of the entry of judgment. Fed. R. App. P.
4(b)(1). The appeal periods established by Rule 4 are mandatory
and jurisdictional. Browder v. Director, Dep’t of Corr., 434 U.S.
257, 264, 98 S.Ct. 556, 54 L.Ed. 2d 521 (1978); Panhorst v. United
States, 241 F.3d 367, 369-70 (4th Cir. 2001). Because Coker’s
notice of appeal is clearly untimely, we lack jurisdiction and
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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