United States v. Self

U.S. Courts of Appeals

Decided June 24, 2004

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U.S. Courts of Appeals · decided 2004-06-24

Cited by 3 later decisions (2 by the Supreme Court) — most recently March 2006

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Dison v. Whitley

Good law ✅— No negative treatment on recordhow we know

Decided 2004-06-24

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PER CURIAM: *

¶1 Vincent Carlmel Self, federal prisoner # 07049-078, moves for a certificate of ap *523 pealability to appeal the denial of his 28 U.S.C. § 2255 motion challenging his conviction for conspiracy to possess with intent to distribute controlled substances. Self, however, did not file a timely notice of appeal from the judgment denying § 2255 relief, see Fed. R.App. P. 4(a)(1)(B), and the district court did not err in its determination that Self was not entitled to extend the period for filing a timely notice of appeal under Fed. R.App. P. 4(a)(5),(6). We are therefore without jurisdiction to entertain the appeal, and it is dismissed. See Dison v. Whitley, 20 F.3d 185,186 (5th Cir.1994).

¶2 APPEAL DISMISSED.

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.