United States v. Pablo Rangel-Rubio

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 30, 2024
• Docket: 23-12530
• Status: Unpublished

Opinion

USCA11 Case: 23-12530 Document: 42-1 Date Filed: 09/30/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-12530 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PABLO RANGEL-RUBIO,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:22-cr-00030-LGW-BWC-1 ____________________ USCA11 Case: 23-12530 Document: 42-1 Date Filed: 09/30/2024 Page: 2 of 3

2 Opinion of the Court 23-12530

Before NEWSOM, GRANT, and LUCK, Circuit Judges. PER CURIAM: Upon review of the record and the government’s motion to dismiss, we conclude that this appeal is untimely. Pablo Rangel-Rubio seeks review of the district court’s November 21, 2022 judgment in his criminal case. To timely seek review of that judgment, he needed to file a notice of appeal by December 5, 2022. See Fed. R. App. P. 4(b)(1)(A). His notice of appeal, deemed filed on July 26, 2023, is therefore untimely. See id.; Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014). Because the government moves to dismiss the notice of ap- peal as untimely, we “must apply the time limits of Rule 4(b).” See United States v. Lopez, 562 F.3d 1309, 1313‑14 (11th Cir. 2009) (hold- ing that we must apply Rule 4(b)’s 14-day time limit when the gov- ernment objects to an untimely notice of appeal). Additionally, be- cause Rangel-Rubio filed his notice of appeal more than 30 days after the expiration of the 14-day appeal period, he is not eligible for relief under Rule 4(b)(4). See Fed. R. App. P. 4(b)(4) (providing that, upon a finding of excusable neglect or good cause, the district court may extend the time to file a notice of appeal for up to 30 days); United States v. Ward, 696 F.2d 1315, 1317-18 (11th Cir. 1983) (noting that we customarily treat a late notice of appeal, filed within the 30 days during which an extension is permissible, as a motion for extension of time under Rule 4(b)(4) and remand to the district court). USCA11 Case: 23-12530 Document: 42-1 Date Filed: 09/30/2024 Page: 3 of 3

23-12530 Opinion of the Court 3

Accordingly, the government’s motion to dismiss this ap- peal as untimely is GRANTED, and this appeal is DISMISSED.