USA v. Rojas-Martinez, No. 05-50549 (5th Cir. 2007)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 Charles R. Fulbruge III Clerk No. 05-50549 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANCISCO ROJAS MARTINEZ, also known as Francisco Martinez-Lopez, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-2499-ALL -------------------Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PER CURIAM:* Francisco Rojas-Martinez pleaded guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326 and was sentenced to 50 months of imprisonment and three years of supervised release. Rojas-Martinez argues that the district court abused its discretion by refusing to extend the time for filing his notice of appeal. Having been given no reason at all for the delay, the district court did not abuse its discretion in denying Rojas-Martinez s motion. * United States v. Clark, 51 F.3d 42, 43 n.5 (5th Cir. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1995). The district court s denial of his motion for extension of time to appeal is AFFIRMED. See United States v. Leijano-Cruz, 473 F.3d 571, 573 (5th Cir. 2006). 2

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