United States v. Michel Martinez

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 31, 2025
• Docket: 24-12175
• Status: Unpublished

Opinion

USCA11 Case: 24-12175 Document: 23-1 Date Filed: 01/31/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12175 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHEL PROENZA MARTINEZ,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cr-20602-DPG-1 ____________________ USCA11 Case: 24-12175 Document: 23-1 Date Filed: 01/31/2025 Page: 2 of 2

2 Opinion of the Court 24-12175

Before JILL PRYOR, NEWSOM, and LAGOA, Circuit Judges. PER CURIAM: The government’s motion to dismiss this appeal is GRANTED. Michel Proenza Martinez’s notice of appeal, deemed filed on June 18, 2024, is untimely to challenge the final criminal judgment and sentence entered on November 2, 2023. See Fed. R. App. P. 4(b)(1)(A) (providing that in criminal cases, a defendant’s notice of appeal must be filed within 14 days after the entry of the judgment or order being appealed); United States v. Lopez, 562 F.3d 1309, 1312-14 (11th Cir. 2009) (holding that we must apply Rule 4(b)’s 14-day time limit when the government objects to an un- timely notice of appeal); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (holding that a pro se prisoner’s notice of appeal is deemed filed on the date he delivers it to prison authorities, and absent contrary evidence, we assume that a prisoner delivers a fil- ing on the date he signs it). Accordingly, this appeal is DISMISSED.