USA v. Danny Varner


UNPUBLISHED OPINION FILED. [15-40146 Dismissed as Untimely] Judge: FPB, Judge: JLD, Judge: ECP. Mandate pull date is 01/31/2017 for Appellant Danny Varner [15-40146]

Download PDF
Case: 15-40146 Document: 00513828671 Page: 1 Date Filed: 01/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40146 Summary Calendar FILED January 10, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANNY VARNER, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:13-CR-4-1 Before BENAVIDES, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Danny Varner pleaded guilty to possession with intent to distribute methamphetamine and was sentenced to 188 months of imprisonment and three years of supervised release. He contends that the district court plainly erred in applying the career offender enhancement. The Government contends that Varner’s notice of appeal was untimely and his appeal should be dismissed. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40146 Document: 00513828671 Page: 2 Date Filed: 01/10/2017 No. 15-40146 Varner’s notice of appeal was filed well beyond the deadlines for filing a notice of appeal and requesting an extension of time. See FED. R. APP. P. 4(b)(1)(A)(i), (b)(4). When, as in this case, the Government objects to an untimely notice of appeal, we will not disregard the matter. See Eberhart v. United States, 546 U.S. 12, 18 (2005). Varner’s appeal is DISMISSED as untimely. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?