USA vs. Self, (5th Cir. 2004)

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United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 03-41463

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VINCENT CARLMEL SELF, also known as Carlmel,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:02-CV-72

USDC No. 4:98-CR-14-24

Before BARKSDALE, DeMOSS, AND CLEMENT, Circuit Judges.

PER CURIAM:* Vincent Carlmel Self, federal prisoner # 07049-078, moves for a certificate of appealability 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).

APPEAL DISMISSED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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