United States v. Enrique Gomez-Rodriguez , 430 F. App'x 305 ( 2011 )

Case: 10-40789 Document: 00511517374 Page: 1 Date Filed: 06/22/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 22, 2011
No. 10-40789
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ENRIQUE GOMEZ-RODRIGUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:08-CR-886-3
Before DENNIS, CLEMENT, and ELROD, Circuit Judges.
PER CURIAM:*
Enrique Gomez-Rodriguez pleaded guilty to conspiracy to possess with
intent to distribute cocaine and was sentenced to a 90-month prison term.
Judgment was entered on January 7, 2010, and his undated notice of appeal was
filed in the record on August 13, 2010. Gomez-Rodriguez’s notice of appeal was
filed more than seven months after the final judgment was entered and beyond
the time for extending the appeal period under Federal Rule of Appellate
Procedure 4(b)(4). See F ED. R. A PP. P. 4(b)(1)(A)(i), (b)(4). Gomez-Rodriguez did
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-40789 Document: 00511517374 Page: 2 Date Filed: 06/22/2011
No. 10-40789
not file a timely notice of appeal, and he has not asserted any ground for
excusable neglect. Therefore, his appeal is DISMISSED as untimely. See United
States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). Accordingly, his
motions for appointment of counsel and to proceed in forma pauperis on appeal
are DENIED AS MOOT.
2