United States v. Leo Dillon

Case: 15-10578 Document: 00513136043 Page: 1 Date Filed: 07/30/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10578
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
July 30, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
LEO DILLON,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-295-5
Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Leo Dillon is charged with conspiracy to possess with intent to distribute
1,000 kilograms or more of marijuana in violation of 21 U.S.C. §§ 846 and
841(b)(1)(A)(vii). He appeals from the district court’s order denying his motion
for reconsideration of its previous order affirming the magistrate judge’s ruling
revoking Dillon’s pretrial release and ordering him detained. In its response
to Dillon’s appeal, the Government moves to dismiss the appeal as untimely.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10578 Document: 00513136043 Page: 2 Date Filed: 07/30/2015
No. 15-10578
A detention order is a final decision over which we have appellate
jurisdiction pursuant to 28 U.S.C. § 1291. 18 U.S.C. § 3145(c). “In a criminal
case, a defendant’s notice of appeal must be filed in the district court within 14
days after . . . the entry of . . . the order being appealed.” FED. R. APP.
P. 4(b)(1)(A)(i). Dillon’s notice of appeal was not filed in a timely manner, nor
was it filed within the permissible extension period of Rule 4(b)(4).
The time limit set forth in Rule 4(b)(1)(A) is mandatory, but it is not
jurisdictional. United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007)
(citing Bowles v. Russell, 551 U.S. 205, 207-14 (2007)). Although the
requirements of Rule 4(b)(1)(A) may be waived, see Martinez, 496 F.3d at 388-
89, the Government has not waived the issue in the instant case. Accordingly,
the Government’s motion is GRANTED, and the appeal is DISMISSED.
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