USA v. Johnny Trejo


UNPUBLISHED OPINION ORDER FILED. [11-50231 Dismissed for Lack of Jurisdiction] Judge: FPB , Judge: CES , Judge: EBC. Mandate pull date is 09/14/2011 for Appellant Johnny Flores Trejo; denying as moot motion to appoint counsel filed by Appellant Mr. Johnny Flores Trejo [6787933-2] [11-50231]

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Case: 11-50231 Document: 00511581754 Page: 1 Date Filed: 08/24/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50231 Summary Calendar August 24, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOHNNY TREJO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:94-CR-174-13 Before BENAVIDES, STEWART and CLEMENT, Circuit Judges. PER CURIAM:* Johnny Trejo, federal prisoner # 57448-080, pleaded guilty to conspiracy to possess cocaine with intent to distribute and conspiracy to launder money. The instant notice of appeal was filed on March 4, 2011, more than sixteen years after the October 1994 final judgment was entered and well beyond the time for extending the appeal period under Federal Rule of Appellate Procedure 4(b)(4). See FED. R. APP. P. 4(b)(1)(A)(i), (b)(4). Trejo’s appeal, which is far outside the time limit, is DISMISSED. See United States v. Leijano-Cruz, 473 F.3d 571, 574 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 11-50231 Document: 00511581754 Page: 2 Date Filed: 08/24/2011 No. 11-50231 (5th Cir. 2006). His motion for the appointment of counsel is DENIED AS MOOT. 2

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