United States v. Derek Medina

U.S. Court of Appeals for the Ninth Circuit
United States v. Derek Medina, 633 F. App'x 361 (9th Cir. 2016)

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Derek Andrew MEDINA, Defendant-Appellant
Status
Unpublished