United States v. Derek Medina

633 F. App'x 361

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 21, 2016
• Docket: 14-50467
• Status: Unpublished

Opinion

MEMORANDUM **

Derek Andrew Medina appeals from the district court’s judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We dismiss.

The government seeks the dismissal of this appeal as untimely. Although Medina received an extension of time to file a notice of appeal (“NOA”), he did not file his NOA within the time permitted by the Federal Rules. See Fed. R.App. P. 4(b)(1)(A)®, (b)(4). We must, therefore, dismiss. See United States v. Sadler, 480 F.3d 932, 942 (9th Cir.2007) (when the government objects to the untimely filing of an NOA, dismissal is mandatory).

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.