PER CURIAM: Johnny Lee Wesley seeks to appeal the district court’s order denying his Fed. R.Civ.P. 60(
b) motion to reconsider in his underlying 28 U.S.C. § 2255 (2000) action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. In actions where the United States is a party, parties are accorded sixty days after the entry of the district court’s final judgment or order to note an appeal, Fed. RApp. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. RApp. P. 4(a)(5) or reopens the appeal period under Fed. RApp. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v.
Dir., Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)). The district court’s judgment was entered on the docket on December 11, 2003. The notice of appeal was filed on October 12, 2004. Because Wesley failed to file a timely notice of appeal or to obtain an extension or reopening 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 This date gives Wesley the benefit of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).