United States v. Helm

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 1 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-2845 D.C. No. 1:15-cr-00057-SPW-1 Plaintiff - Appellee, v. MEMORANDUM* JOSHUA LEE HELM, Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted April 22, 2024** Before: CALLAHAN, LEE, and FORREST, Circuit Judges.

Joshua Lee Helm appeals from the district court’s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We dismiss the appeal as untimely.

Helm filed his notice of appeal more than 44 days after entry of the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. court’s order. See Fed. R. App. P. 4(b)(1), (b)(4). Because the government properly objected to Helm’s untimely notice of appeal, we must dismiss. See United States v. Sadler, 480 F.3d 932, 941-42 (9th Cir. 2007).

DISMISSED.

2 23-2845