Unpublished Disposition, 930 F.2d 31 (9th Cir. 1991)

ORDER

We dismiss the appeal for lack of jurisdiction under Federal Rule of Appellate Procedure 4(b). Travis' reliance on United States v. Houser, 804 F.2d 565 (9th Cir. 1986), is misplaced. In Houser, Judge Alarcon, writing for the panel, sustained a district court's finding of excusable neglect where Houser's attorney failed to file a notice of appeal although instructed to do so, and Houser filed a late notice pro se when informed of the failure. In a subsequent opinion, Judge Alarcon confined Houser to the particular facts of an incarcerated appellant filing an untimely notice of appeal pro se. See United States v. Prairie Pharmacy, Inc., 921 F.2d 211, 213 (9th Cir. 1990). Because Travis, like Prairie Pharmacy, was continuously represented by counsel, we hold the district court did not abuse its discretion in dismissing the appeal.

DISMISSED.