United States v. Jose Mendez

Fifth Circuit

United States v. Jose Mendez

638 F. App'x 386

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 10, 2016

Docket15-41468

StatusUnpublished

This text of 638 F. App'x 386 (United States v. Jose Mendez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Jose Mendez, 638 F. App'x 386 (5th Cir. 2016).

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Opinion

PER CURIAM: *

Jose Raul Mendez, federal prisoner # 42794-177, was sentenced to 120 months in prison for illegal reentry following’deportation in violation of 8 U.S.C. § 1326. The district court entered the judgment of conviction on March 11, 2013. Mendez filed a pro se notice of appeal on October 26, 2015, more than two and one-half years *387 after entry of the judgment and well beyond the time for appealing and the time for extending the appeal period. See Fed. R.App. P. 4(b)(1)(A), (b)(4). Mendez’s appeal, which is far outside the time limit, is frivolous. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir.2006). Consequently, the appeal is DISMISSED, see 5th Cir. R. 42.2, and Mendez’s motion for leave to proceed in forma pauperis on appeal is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir, R. 47.5.4.

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PER CURIAM: *

Jose Raul Mendez, federal prisoner # 42794-177, was sentenced to 120 months in prison for illegal reentry following’deportation in violation of 8 U.S.C. § 1326. The district court entered the judgment of conviction on March 11, 2013. Mendez filed a pro se notice of appeal on October 26, 2015, more than two and one-half years *387 after entry of the judgment and well beyond the time for appealing and the time for extending the appeal period. See Fed. R.App. P. 4(b)(1)(A), (b)(4). Mendez’s appeal, which is far outside the time limit, is frivolous. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir.2006). Consequently, the appeal is DISMISSED, see 5th Cir. R. 42.2, and Mendez’s motion for leave to proceed in forma pauperis on appeal is DENIED.

*

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.

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638 F. App'x 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jose-mendez-ca5-2016.

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