UNITED STATES of America, Plaintiff-Appellee, v. Eron Esau OVERTON, Defendant-Appellant, 126 F. App'x 125

PER CURIAM. Eron Esau Overton, a federal inmate, seeks to appeal his conviction and sentence. We conclude Overton’s notice of appeal is untimely. A notice of appeal in a criminal case must be filed within ten days of the entry of the judgment being appealed. Fed. R.App. P. 4(b)(1). The district court, upon a finding of excusable neglect or good cause, may extend the time period for filing a notice of appeal an additional thirty days. Fed. R.App. P. 4(b)(4). The appeal periods established by Rule 4 are 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); United States v. Raynor, 939 F.2d 191, 197 (4th Cir.1991). Overton’s criminal judgment was entered on September 4, 2003. He did not file a notice of appeal until November 29, 2004, over a year later. Thus, Overton’s notice of appeal is clearly untimely. Accordingly, we dismiss Overton’s appeal for lack of jurisdiction. 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