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51 F.3d 269

Docket No. 94-7036.

United States v. Fields

Fourth Circuit Court of Appeals

Submitted: March 15, 1995. Decided: March 31, 1995.

Fourth Circuit Court of Appeals · decided 1995-03-31

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

Relies on United States of America v. Pettiford · Ali v. Lyles

Opinion by Per Curiam · Decided 1995-03-31

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Charles Fields, Appellant Pro Se.

Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

¶1

Appellant appeals from a district court order that denied his request to file a late notice of appeal. The district court entered its final order on Appellant's 28 U.S.C. Sec. 2255 (1988) motion on June 16, 1993; Appellant filed his "Notice of Out-of-Time Appeal" more than one year later. Since courts are not empowered to extend the appeal period after the thirty-day extension period of Fed. R.App. P. 4(a)(5) has expired, we affirm the district court's order. See Ali v. Lyles, 769 F.2d 204, 205 (4th Cir.1985). 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.

¶2

AFFIRMED..

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