USA v. Johnny Trejo

Filing

UNPUBLISHED OPINION ORDER FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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