United States v. Cabrera

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 2, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-10030
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE SIMON CABRERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:01-CR-374-ALL-H
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose Simon Cabrera appeals the district court’s order
denying his motions for leave to file an out-of-time appeal from
his sentence and to substitute counsel. Because Cabrera’s notice
of appeal was not filed within ten days of entry of the district
court’s orders denying his motions, this court lacks jurisdiction
over this appeal. See FED. R. APP. P. 4(b)(1); United States v.
Merrifield, 764 F.2d 436, 437 (5th Cir. 1985).
APPEAL DISMISSED.
*
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that this opinion should not be published and is not precedent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.