UNITED STATES of America, Plaintiff-Appellee, v. Dennis Everette ROSS, Defendant-Appellant, 177 F. App'x 321

PER CURIAM: Dennis Everette Ross seeks to appeal the district court’s order denying his motion for correction of sentence pursuant to Fed.R.Crim.P. 36. In a criminal case, the defendant must file his notice of appeal within ten days after the entry of the district court’s final order. Fed. R.App. P. 4(b). The appeal period is “mandatory and jurisdictional.” Browder v. Director, 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 final order in this case was entered on October 14, 2005. Even giving Ross the benefit of Fed. R.App. P. 4(c), his notice of appeal is deemed filed on November 7, 2005—out-side the ten-day appeal period. Because Ross failed to file a timely notice of appeal and did not obtain an extension of time to appeal, 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.