USA v. Rafael Luna-Urbina, No. 09-40689 (5th Cir. 2010)
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Case: 09-40689 Document: 00511066073 Page: 1 Date Filed: 03/30/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40689 Summary Calendar March 30, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAFAEL LUNA-URBINA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-1315-1 Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* Rafael Luna-Urbina pleaded guilty to one count of attempting to reenter the United States after having previously been deported. He was sentenced to 77 months of imprisonment and a two-year term of supervised release. More than 40 days after the entry of judgment, Luna-Urbina filed a notice of appeal. The district court construed the notice of appeal as a request for an out-of-time appeal and denied it pursuant to F ED. R. A PP. P. 4(b). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40689 Document: 00511066073 Page: 2 No. 09-40689 Date Filed: 03/30/2010 Luna-Urbina did not file a notice of appeal within 10 days after the entry of the criminal judgment. See F ED. R. A PP. P. 4(b)(1)(A)(I). His appeal also was noticed beyond the 30-day time limit for extending the appeal period under F ED. R. A PP. P. 4(b)(4). Thus, the district court did not err in enforcing the time limitations set forth in F ED. R. A PP. P. 4(b), and this court may not reverse its decision to do so. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). His appeal is dismissed as untimely. APPEAL DISMISSED. 2
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