United States v. Aguilar-Espinoza

95 F. App'x 233
Court of Appeals for the Ninth Circuit·Decided April 15, 2004·No. No. 03-10401; D.C. No. CR-98-05153-REC·Published

Opinion

MEMORANDUM**

Alejandro Aguilar-Espinoza appeals the district court’s denial of his motion for an extension of time to file a notice of appeal.

The district court properly construed Aguilar-Espinoza’s notice of appeal as a motion for an extension of time to file a notice of appeal and denied it, because Fed. R.App. P. 4(b)(4) prohibits the district court from granting an extension of [234] more than 30 days from the expiration of the time otherwise prescribed to file a notice of appeal. See United States v. Buzard, 884 F.2d 475, 475-76 (9th Cir. 1989).

AFFIRMED.

Footnotes

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United States v. Aguilar-Espinoza, 95 F. App'x 233 (9th Cir. 2004).

95 F. App'x 233 (United States v. Aguilar-Espinoza) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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