United States v. Daniel Bernardino

Case: 13-10406 Document: 00512476568 Page: 1 Date Filed: 12/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-10406 FILED
December 19, 2013
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
DANIEL BERNARDINO,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:12-CV-639
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
Daniel Bernardino, federal prisoner # 39031-177, requests a certificate
of appealability (COA) to appeal the district court’s denial of his 28 U.S.C.
§ 2255 motion challenging his 78-month term of imprisonment for smuggling
goods from the United States in violation of 18 U.S.C. § 554(a).
“This Court must examine the basis of its jurisdiction, on its own motion,
if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). “[T]he timely
filing of a notice of appeal in a civil case is a jurisdictional requirement.”
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10406 Document: 00512476568 Page: 2 Date Filed: 12/19/2013
No. 13-10406
Bowles v. Russell, 551 U.S. 205, 214 (2007). Because Bernardino did not file a
timely notice of appeal, his appeal is dismissed for lack of jurisdiction. See id.COA DENIED. APPEAL DISMISSED.
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