United States v. Gonzales-Reyes ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 18, 2006
Charles R. Fulbruge III
Clerk
No. 05-20418
Consolidated with
No. 05-41028
and
No. 06-40174
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SERVANDO GONZALES-REYES,
Defendant-Appellant.
--------------------
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 4:01-CR-575-ALL
--------------------
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Servando Gonzales-Reyes (Gonzales) seeks to appeal three
judgments arising from his offense of illegally reentering the
United States. Gonzales fails to show that the district court
abused its discretion by denying his motion for an extension of
time to file appeals in case No. 05-20418 and case No. 05-41028.
See United States v. Clark, 51 F.3d 42, 43 n.5 (5th Cir. 1999).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-20418 c/w 05-41028 and 06-40174
-2-
The appeals in case No. 05-20418 and case No. 05-41028 are
dismissed for failure to comply with the rule requiring a timely
notice of appeal. See Burnley v. City of San Antonio,
F.3d , No. 04-51181, 2006 WL 3247138, *8 n.1 (5th Cir. Sep.
15, 2006); FED. R. APP. P. 4(b)(1)(A)(i). In case No. 06-40174,
Gonzales makes no argument relative to the judgment. He has thus
waived appeal of any issue pertaining to that judgment. See
United States v. Ragsdale, 426 F.3d 765, 785 n.9 (5th Cir. 2005),
cert. denied, 126 S. Ct. 1417 (2006). The judgment in appeal No.
06-41074 is affirmed.
DISMISSED IN PART; AFFIRMED IN PART.