United States v. Lujan

117 F. App'x 375

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 7, 2005
• Docket: 04-10398
• Status: Unpublished

Opinion

PER CURIAM: *

Manuel D. Lujan appeals the district court’s denial of his motion for an extension of time to file a late appeal from his conviction for conspiracy to distribute methamphetamine. Lujan’s motion for leave to file an untimely notice of appeal was not filed within the 40-day period prescribed by Fed. R.App. P. 4(b)(4). Therefore, the district court was without authority to extend the appeal period, and Lujan had no right to relief by showing excusable neglect or good cause. See United States v. Awalt, 728 F.2d 704, 705 (5th Cir.1984); Fed. R.App. P. 4(b)(4). Accordingly, Lujan’s appeal is DISMISSED for lack of jurisdiction; his motions for the appointment of counsel and a copy of the transcript at government expense are 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.