USA v. Danny Varner
Filing
UNPUBLISHED OPINION FILED.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]
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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
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