United States v. Quintero ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41470
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS DONALD QUINTERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-96-CV-82
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February 10, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Luis Donald Quintero, federal inmate #62583-079, moves this
court for a certificate of appealability (COA) from the district
court’s dismissal of his 28 U.S.C. § 2255 motion. We must
examine the basis of our jurisdiction, sua sponte if necessary.
Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely notice of
appeal is a prerequisite for the exercise of jurisdiction by this court. United States v. Carr, 979
F.2d 51, 55 (5th Cir. 1992).
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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. 97-41470
-2-
Quintero did not timely notice his appeal from the district
court’s judgment of dismissal of his § 2255 motion, and we are
without jurisdiction to consider this case. See Carr, 979 F.2d at 55.
Accordingly, the motion for a COA is DENIED, and the appeal is
dismissed for lack of jurisdiction.
MOTION DENIED; APPEAL DISMISSED FOR LACK OF JURISDICTION.