United States v. Robert Boehme

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 23, 2024
• Docket: 23-10344
• Status: Unpublished

Opinion

USCA11 Case: 23-10344 Document: 49-1 Date Filed: 09/23/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-10344 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERT BOEHME,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:19-cr-00571-TPB-AEP-1 ____________________ USCA11 Case: 23-10344 Document: 49-1 Date Filed: 09/23/2024 Page: 2 of 3

2 Opinion of the Court 23-10344

Before JORDAN, ROSENBAUM, and LUCK, Circuit Judges. PER CURIAM: Robert Boehme appeals from a magistrate judge’s orders denying his motion to appoint counsel and his motion for recon- sideration. Additionally, in his appellate brief, he challenges his un- derlying criminal judgment. The government moves to dismiss this appeal as untimely to appeal from that judgment. We lack jurisdiction to hear Boehme’s appeal from the mag- istrate judge’s orders because the district court has not rendered them final. See Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (explaining that magistrate judge orders issued pursuant to 28 U.S.C. § 636(b) are not final and may not be appealed until rendered final by a district court); Perez-Priego v. Ala- chua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998). Indeed, Boehme has not asked the district court to review either order. See United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009) (hold- ing that because criminal defendant “failed to appeal to the district court the magistrate judge’s denial of his motion for self-represen- tation, [] we lack jurisdiction to hear his appeal”); Fed. R. Crim. P. 59(a) (“Failure to object in accordance with this rule waives a party’s right to review.”). Additionally, to the extent that Boehme seeks to challenge his May 12, 2021 criminal judgment, his notice of appeal, deemed filed on January 20, 2023, is untimely. See Fed. R. App. P. 4(b)(1)(A) (providing that in criminal cases, a defendant’s notice of appeal USCA11 Case: 23-10344 Document: 49-1 Date Filed: 09/23/2024 Page: 3 of 3

23-10344 Opinion of the Court 3

must be filed within 14 days after the entry of the judgment or or- der being appealed); United States v. Lopez, 562 F.3d 1309, 1313-14 (11th Cir. 2009) (holding that we must apply Rule 4(b)’s 14-day time limit when the government objects to an untimely notice of ap- peal); 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 ev- idence, we assume that a prisoner delivers a filing on the date he signs it). Accordingly, the government’s motion to dismiss is GRANTED, and this appeal is DISMISSED.