USA V. GENARO GASCA, No. 13-10078 (9th Cir. 2014)

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FILED FEB 27 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-10078 D.C. No. 3:12-cr-00213-RS v. MEMORANDUM* GENARO GASCA, Defendant - Appellant. Appeal from the United States District Court for the Northern District of California Richard Seeborg, District Judge, Presiding Submitted February 18, 2014** Before: ALARCÃ N, O SCANNLAIN, and FERNANDEZ, Circuit Judges. Genaro Gasca appeals from the district court s judgment and challenges his guilty-plea conviction and 70-month sentence for two counts of use of a communications facility to facilitate a drug trafficking crime, in violation of 21 U.S.C. § 843(b). Pursuant to Anders v. California, 386 U.S. 738 (1967), Gasca s * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Gasca has filed a pro se supplemental brief, and the government has filed an answering brief. The government urges dismissal of this appeal as untimely. Gasca filed a pro se notice of appeal over seven months after the district court entered judgment. Accordingly, we dismiss the appeal. See Fed. R. App. P. 4(b)(1)(A)(i); United States v. Sadler, 480 F.3d 932, 942 (9th Cir. 2007) (when the government objects to the untimely filing of a notice of appeal, dismissal is mandatory).1 Counsel s motion to withdraw is GRANTED. DISMISSED. 1 In light of this determination, we need not and do not address the appeal waiver issue. 2 13-10078

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