
    
      This case was not selected for publication in the Federal Reporter UNPUBLISHED
    
    UNITED STATES of America, Plaintiff—Appellee, v. Dwayne DELESTON, Defendant—Appellant.
    No. 06-7467.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Nov. 21, 2006.
    Decided: Dec. 4, 2006.
    
      Dwayne Deleston, Appellant Pro Se.
    Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dwayne Deleston seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R.App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. 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 order was entered on the docket on May 2, 2005. The notice of appeal was filed, at the earliest, on July 25, 2006. Because Deleston 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.  