United States v. Ray Contreras

U.S. Court of Appeals for the Fifth Circuit
United States v. Ray Contreras, 441 F. App'x 239 (5th Cir. 2011)

United States v. Ray Contreras

Opinion

PER CURIAM: *

IT IS ORDERED that the above-captioned appeals are CONSOLIDATED. Ray Narciso Contreras pleaded guilty in separate cases of conspiracy to possess with intent to distribute marijuana and possession with intent to distribute methamphetamine and was sentenced to concurrent 210-month terms of imprisonment. Judgment was entered in both cases on November 17, 2010, and his notices of appeal were dated April 12, 2011, and were filed in the record on April 20, 2011. Contreras’s notices of appeal were filed five months after the final judgments were entered and beyond the time for extending the appeal period under Federal Rule of Appellate Procedure 4(b)(4). See Fed. R.App. P. 4(b)(1)(A)(1), (b)(4). Contreras did not file a timely notice of appeal as to either appeal, and he has not asserted any ground for excusable neglect. Therefore, his appeals are DISMISSED as untimely. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). Accordingly, his motions for appointment of counsel and to proceed in forma pauperis on appeal are DENIED AS MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Ray Narciso CONTRERAS, Defendant-Appellant; United States of America, Plaintiff-Appellee v. Ray Contreras, Defendant-Appellant
Status
Unpublished