USA v. Enrique Gomez-Rodriguez, No. 10-40789 (5th Cir. 2011)
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Case: 10-40789 Document: 00511517374 Page: 1 Date Filed: 06/22/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40789 Summary Calendar June 22, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ENRIQUE GOMEZ-RODRIGUEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-886-3 Before DENNIS, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* Enrique Gomez-Rodriguez pleaded guilty to conspiracy to possess with intent to distribute cocaine and was sentenced to a 90-month prison term. Judgment was entered on January 7, 2010, and his undated notice of appeal was filed in the record on August 13, 2010. Gomez-Rodriguez s notice of appeal was filed more than seven months after the final judgment was entered and beyond the time for extending the appeal period under Federal Rule of Appellate Procedure 4(b)(4). See F ED. R. A PP. P. 4(b)(1)(A)(i), (b)(4). Gomez-Rodriguez did * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40789 Document: 00511517374 Page: 2 Date Filed: 06/22/2011 No. 10-40789 not file a timely notice of appeal, and he has not asserted any ground for excusable neglect. Therefore, his appeal is DISMISSED as untimely. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). Accordingly, his motions for appointment of counsel and to proceed in forma pauperis on appeal are DENIED AS MOOT. 2
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