United States of America, Plaintiff-appellee, v. Fernando Nino Andrade, Defendant-appellant, 999 F.2d 544 (9th Cir. 1993)
Annotate this CaseBefore KILKENNY, SNEED and FERGUSON, Circuit Judges.
ORDER
Andrade appeals from his conviction and sentence following entry of a guilty plea to conspiring to possess and distribute cocaine in violation of 21 U.S.C. §§ 841(a) (1) and 846. The appeal is untimely, see Fed. R. App. P. 4(b), and no unique circumstances exist to warrant the exercise of jurisdiction over this appeal.** See United States v. Prairie Pharmacy, Inc., 921 F.2d 211, 213-14 (9th Cir. 1990); Pratt v. McCarthy, 850 F.2d 590, 592 (9th Cir. 1988), reh'g denied, 878 F.2d 331 (1989).
Accordingly, this appeal is DISMISSED as untimely. We leave to Andrade whatever remedies he may have available under 28 U.S.C. § 2255.
We note that counsel for Andrade in the instant appeal is not the same attorney who represented him before the district court and is not responsible for the untimely notice of appeal
This case is appropriate for submission on the briefs and without oral argument per Fed. R. App. P. 34(a) and 9th Cir.R. 34-4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
