United States v. Manuel Padilla

Case: 17-51032 Document: 00514491865 Page: 1 Date Filed: 05/30/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-51032 May 30, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff–Appellee,
v.
MANUEL PADILLA,
Defendant–Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:16-CR-208-1
Before SMITH, HAYNES, and WILLETT, Circuit Judges.
PER CURIAM: *
Manuel Padilla, federal prisoner # 42408-380, was sentenced to 92
months of imprisonment after pleading guilty to possession with the intent to
deliver five grams or more of actual methamphetamine. The district court
entered the judgment of conviction in January 2017. Padilla filed a notice of
appeal from the judgment in November 2017, nearly ten months after entry of
judgment and, as the district court recognized, well beyond the time for
appealing and the time for extending the appeal period. See FED. R. APP.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-51032 Document: 00514491865 Page: 2 Date Filed: 05/30/2018
No. 17-51032
P. 4(b)(1)(A), (b)(4). Although the time limit for appealing in a criminal case is
not jurisdictional, United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir.
2007), a defendant is not entitled to have his untimeliness disregarded, United
States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). Padilla’s untimely
appeal is frivolous. See id. Consequently, the appeal is DISMISSED, see 5TH
CIR. R. 42.2, and Padilla’s motion for appointment of counsel is DENIED.
2