United States v. Yoandy Alonso Figueredo

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

____________________

No. 25-11590

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

YOANDY ALONSO FIGUEREDO, Defendant-Appellant.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:22-cr-20438-RNS-3

____________________

Before JORDAN, BRANCH, and BRASHER, Circuit Judges. PER CURIAM:

The government’s motion to dismiss this appeal as untimely is GRANTED, and this appeal is DISMISSED. Yoandy Alonso Figueredo’s notice of appeal, deemed filed on May 1, 2025, under

2

2 Opinion of the Court 25-11590

the prison mailbox rule, is untimely to appeal from the July 9, 2024 final criminal judgment. See Fed. R. App. P. 4(b)(1)(A)(i) (providing that a defendant’s notice of appeal must be filed within 14 days after entry of the appealed judgment or order); id. R. 4(c); United States v. Lopez, 562 F.3d 1309, 1313-14 (11th Cir. 2009) (holding that the time limit in Rule 4(b)(1)(A) is a non-jurisdictional claims- processing rule that we must enforce if raised by the government); Manrique v. United States, 581 U.S. 116, 121 (2017) (explaining that Rule 4(b) is a mandatory claims-processing rule); Nutraceutical Corp v. Lambert, 586 U.S. 188, 192-94 (2019) (holding that a mandatory claim-processing rule is not subject to equitable tolling). Because the government has raised the timeliness issue, we “must apply the time limits of Rule 4(b)” and dismiss this appeal. See Lopez, 562 F.3d at 1313-14.