Case: 15-40146 Document: 00513828671 Page: 1 Date Filed: 01/10/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40146 FILED Summary Calendar January 10, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANNY VARNER, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:13-CR-4-1

Before BENAVIDES, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: * Danny Varner pleaded guilty to possession with intent to distribute methamphetamine and was sentenced to 188 months of imprisonment and three years of supervised release. He contends that the district court plainly erred in applying the career offender enhancement. The Government contends that Varner’s notice of appeal was untimely and his appeal should be dismissed.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 15-40146 Document: 00513828671 Page: 2 Date Filed: 01/10/2017

No. 15-40146 Varner’s notice of appeal was filed well beyond the deadlines for filing a notice of appeal and requesting an extension of time. See FED. R. APP. P. 4(b)(1)(A)(i), (b)(4). When, as in this case, the Government objects to an untimely notice of appeal, we will not disregard the matter. See Eberhart v. United States, 546 U.S. 12, 18 (2005).

Varner’s appeal is DISMISSED as untimely.