USA v. Andres Mendoza-Lazalde, No. 16-51109 (5th Cir. 2016)

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Case: 16-51109 Document: 00513769181 Page: 1 Date Filed: 11/22/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51109 United States Court of Appeals Fifth Circuit FILED November 22, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANDRES MENDOZA-LAZALDE, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:15-CR-1948-1 Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * Andres Mendoza-Lazalde, federal prisoner # 59855-380, was sentenced to 46 months of imprisonment for smuggling goods and facilitating the smuggling of goods from the United States, in violation of 18 U.S.C. § 554. He has filed a motion for the appointment of counsel and leave to proceed in forma pauperis (IFP) on appeal. The district court entered the judgment of conviction on April 4, 2016. Mendoza-Lazalde filed a pro se notice of appeal at the earliest on August 30, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51109 Document: 00513769181 Page: 2 Date Filed: 11/22/2016 No. 16-51109 2016, well beyond the time for appealing and for extending the appeal period. See FED. R.APP. P. 4(b)(1)(A), (b)(4). The appeal, which was filed far outside the time limit, is frivolous. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). Consequently, Mendoza-Lazalde’s appeal is DISMISSED, see 5TH CIR. R. 42.2, and his motion for the appointment of counsel and leave to proceed IFP on appeal is DENIED. 2

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