USA v. Jose Cabrera-Castro, No. 19-50883 (5th Cir. 2020)

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Case: 19-50883 Document: 00515578146 Page: 1 Date Filed: 09/24/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 24, 2020 No. 19-50883 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Luis Cabrera-Castro, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 2:18-CR-1786-1 Before Jolly, Elrod, and Graves, Circuit Judges. Per Curiam:* Jose Luis Cabrera-Castro pleaded guilty to illegal reentry after removal in violation of 8 U.S.C. § 1326; he was sentenced to 42 months of imprisonment and three years of supervised release. On appeal, he argues that the sentence imposed was substantively unreasonable in light of the * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-50883 Document: 00515578146 Page: 2 Date Filed: 09/24/2020 No. 19-50883 18 U.S.C. § 3553(a) factors. In response, the Government argues that his appeal should be dismissed as untimely. Cabrera-Castro filed his notice of appeal after the expiration of the time for filing a timely appeal and beyond the time during which the district court could have granted him an extension upon a showing of either excusable neglect or good cause. See Fed. R. App. P. 4(b)(1), (4). While the timely filing of a notice of appeal in a criminal case is not jurisdictional, it is mandatory. United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). We will enforce the mandatory time limit by dismissing the appeal where, as here, the Government timely raises the issue. See United States v. Hernandez-Gomez, 795 F.3d 510, 511 (5th Cir. 2015). Accordingly, the appeal is DISMISSED as untimely. 2

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