United States v. Rivera

Opinion

Case: 26-50164 Document: 47-1 Page: 1 Date Filed: 05/19/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 26-50164 Summary Calendar FILED ____________ May 19, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Sergio Rivera,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:24-CR-257-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Sergio Rivera was indicted on three counts of production of child pornography, in violation of 18 U.S.C. § 2251(a) and (e), and one count of coercion and enticement of a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). Acting pro se, he now appeals from the district court’s denial of his motion to revoke the magistrate judge’s order of pretrial

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 26-50164 Document: 47-1 Page: 2 Date Filed: 05/19/2026

No. 26-50164

detention. See 18 U.S.C. § 3145(b), (c). The Government requests that this court dismiss the appeal as untimely. See United States v. Hernandez-Gomez, 795 F.3d 510, 511 (5th Cir. 2015); Fed. R. App. P. 4(b)(1)(A)(i). The Government correctly argues that Rivera’s notice of appeal was filed outside the applicable 14-day time limit. See Fed. R. App. P. 4(b)(1)(A)(i), (c)(1). Because the Government seeks to enforce “the time limits in Rule 4(b)(1)(A),” which “are mandatory claims-processing rules,” United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016), our “duty to dismiss the appeal [is] mandatory,” Eberhart v. United States, 546 U.S. 12, 18 (2005). Given the foregoing, the Government’s motion is GRANTED, and the appeal is DISMISSED as untimely.