USA v. Daniel Bernardino


UNPUBLISHED OPINION ORDER FILED. [13-10406 Dismissed for Lack of Jurisdiction] Judge: PEH , Judge: JLD , Judge: JEG; denying motion for certificate of appealability filed by Appellant Mr. Daniel Bernardino [7416305-2] [13-10406]

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Case: 13-10406 Document: 00512476568 Page: 1 Date Filed: 12/19/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-10406 FILED December 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANIEL BERNARDINO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CV-639 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * Daniel Bernardino, federal prisoner # 39031-177, requests a certificate of appealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2255 motion challenging his 78-month term of imprisonment for smuggling goods from the United States in violation of 18 U.S.C. § 554(a). “This Court must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10406 Document: 00512476568 Page: 2 Date Filed: 12/19/2013 No. 13-10406 Bowles v. Russell, 551 U.S. 205, 214 (2007). Because Bernardino did not file a timely notice of appeal, his appeal is dismissed for lack of jurisdiction. See id. COA DENIED. APPEAL DISMISSED. 2

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