USA v. Alec Mathew, No. 10-11756 (11th Cir. 2011)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-11756 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JANUARY 6, 2011 JOHN LEY CLERK D.C. Docket No. 8:01-cr-00180-EAK-2 UNITED STATES OF AMERICA, lllllllllllllllllllll Plaintiff-Appellee, versus ALEC V. MATHEWS, a.k.a. Alex Matthews, lllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (January 6, 2011) Before TJOFLAT, BARKETT and FAY, Circuit Judges. PER CURIAM: Alec Mathews, a federal prisoner acting pro se, appeals from the denial of his motion to file a second direct appeal out of time. Although we previously affirmed Mathews drug and firearm convictions on direct appeal in 2003, he now argues that he should be permitted to file a second direct appeal out of time, because the district court failed to notify him that it had denied his motion filed after trial but before sentencing to obtain an expert evaluation of a videotape introduced by the government at his trial. However, Mathews argument fails because the record establishes that he did in fact receive actual notice of the district court s denial of his motion, as he expressly acknowledged the denial at his sentencing hearing. Accordingly, we affirm. AFFIRMED. 2
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