USA v. Enrique Alonso

Filing 511138649

USA v. Enrique Alonso

Doc. 511138649

Case: 10-10093

Document: 00511138649

Page: 1

Date Filed: 06/10/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-10093 S u m m a r y Calendar June 10, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. E N R I Q U E MARTINEZ ALONSO, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 3:02-CR-201-1

B e fo r e KING, STEWART, and HAYNES, Circuit Judges. P E R CURIAM:* I n 2004, Enrique Martinez Alonso pleaded guilty to one count of c o n s p ir a c y to violate rights, in violation of 18 U.S.C. § 241, and was sentenced t o 38 months in prison. Six years later, Alonso asked the district court for an e x t e n s io n of time to resubmit his appeal brief. The district court construed A lo n s o 's request as a request for an out-of-time appeal and denied it pursuant t o FED R. APP. P. 4(b). a p p o in te d counsel.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

The district court also denied Alonso's request for

Dockets.Justia.com

Case: 10-10093

Document: 00511138649 Page: 2 No. 10-10093

Date Filed: 06/10/2010

A lo n s o did not file a notice of appeal from the instant conviction within 10 d a y s after the entry of the criminal judgment. See FED. R. APP. P. 4(b)(1)(A)(i). His appeal also was noticed beyond the 30-day time limit for extending the a p p e a l period under FED. R. APP. P. 4(b)(4). Thus, the district court did not err in enforcing the time limitations set forth in FED. R. APP. P. 4(b), and this court m a y not reverse its decision to do so. See United States v. Leijano-Cruz, 473 F.3d 5 7 1 , 574 (5th Cir. 2006). His appeal is dismissed as untimely. Alonso's motion fo r appointment of counsel is DENIED. A P P E A L DISMISSED; MOTION DENIED.

2