U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. Genaro Gasca

United States v. Genaro Gasca
U.S. Court of Appeals for the Ninth Circuit · Decided February 27, 2014 · Alarcón, O'Scannlain, Fernandez
558 F. App'x 745

United States v. Genaro Gasca

Opinion

MEMORANDUM **

Genaro Gasea appeals from the district court’s judgment and challenges his guilty-plea conviction and 70-month sentence for two counts of use of a communications facility to facilitate a drug trafficking crime, in violation of 21 U.S.C. § 843(b). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gasca’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Gasea has filed a pro se supplemental brief, and the government has filed an answering brief.

The government urges dismissal of this appeal as untimely. Gasea filed a pro se notice of appeal over seven months after the district court entered judgment. Accordingly, we dismiss the appeal. See Fed. RApp. P. 4(b)(l)(A)(i); United States v. Sadler, 480 F.3d 932, 942 (9th Cir. 2007) (when the government objects to the untimely filing of a notice of appeal, dismissal is mandatory). 1

*746 Counsel’s motion to withdraw is GRANTED.

DISMISSED.

**

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

1

. In light of this determination, we need not and do not address the appeal waiver issue.

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