
    UNITED STATES of America, Plaintiff—Appellee, v. Celso CERVANTES-HERNANDEZ, Defendant—Appellant.
    No. 10-7199.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Dec. 21, 2010.
    Decided: Jan. 4, 2011.
    Celso Cervantes-Hernandez, Appellant Pro Se. Steve R. Matheny, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.
    Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Celso Cervantes-Hernandez seeks to appeal his conviction and sentence. In criminal cases where judgment was entered prior to December 1, 2009, the defendant must file a notice of appeal within ten days after the entry of judgment. Fed. R.App. P. 4(b)(1)(A). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R.App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir.1985).

The district court entered judgment on February 19, 2004. The notice of appeal was filed more than six years later on August 26, 2010. Because Cervantes-Hernandez failed to file a timely notice of appeal or to obtain an extension 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.  