U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Derek Medina

United States v. Derek Medina
U.S. Court of Appeals for the Ninth Circuit · Decided March 21, 2016 · Goodwin, Leavy, Christen
633 F. App'x 361

United States v. Derek Medina

Opinion

MEMORANDUM **

Derek Andrew Medina appeals from the district court’s judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We dismiss.

The government seeks the dismissal of this appeal as untimely. Although Medina received an extension of time to file a notice of appeal (“NOA”), he did not file his NOA within the time permitted by the Federal Rules. See Fed. R.App. P. 4(b)(1)(A)®, (b)(4). We must, therefore, dismiss. See United States v. Sadler, 480 F.3d 932, 942 (9th Cir. 2007) (when the government objects to the untimely filing of an NOA, dismissal is mandatory).

DISMISSED.

**

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

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