U.S. Court of Appeals for the Ninth Circuit, 2012

Diego Quiroz v. Mike McDonald

Diego Quiroz v. Mike McDonald
U.S. Court of Appeals for the Ninth Circuit · Decided September 24, 2012 · Wardlaw, Clifton, Smith
481 F. App'x 372

Diego Quiroz v. Mike McDonald

Opinion

MEMORANDUM **

California state prisoner Diego Quiroz appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We dismiss for lack of jurisdiction.

Quiroz contends that the he was denied his Sixth Amendment right to have a jury decide the facts supporting an upper term sentence. Because Quiroz did not file his notice of appeal within thirty days of the entry of judgment, we do not have jurisdiction over this appeal. See Fed. R.App. P. 4(a)(1)(A); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007).

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.