UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

ADRIAN VALDEZ-ROCHA,

Defendant-Appellant.	No. 02-2203

(D.C. No. CR-99-1267-JC)

(D. New Mexico)

ORDER AND JUDGMENT*

Before SEYMOUR, MURPHY and O'BRIEN, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Adrian Valdez-Rocha pled guilty to illegal reentry after deportation subsequent to an aggravated felony conviction. He appeals his conviction and sentence of sixty months in prison and three years of supervised release.

Judgment in this case was entered on December 5, 2001. Mr. Valdez-
Rocha did not file this notice of appeal until August 1, 2002, seven and a half months late, and six and a half months after any possible extension of time he could have received.1 Timely notice of appeal is both mandatory and jurisdictional. See United States v. Langham, 77 F.3d 1280, 1280 (10th Cir. 1996). We therefore dismiss his appeal for lack of jurisdiction.

Accordingly, we DISMISS the appeal.

ENTERED FOR THE COURT

Stephanie K. Seymour

Circuit Judge