United States v. Adolfo Gonzales-Padilla
UNITED STATES of America, Plaintiff—Appellee, v. Adolfo GONZALES-PADILLA, Defendant—Appellant
- Area
- other
- Panel
- Alfred T. Goodwin (author), William T. Wallace, Mary M. McKeown
Analysis
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Opinion
FILED NOT FOR PUBLICATION DEC 20 2011
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50073 Plaintiff - Appellee, D.C. No. 3:10-cr-04452-JLS-1 v. MEMORANDUM * ADOLFO GONZALES-PADILLA, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Adolfo Gonzales-Padilla appeals his conviction by guilty plea and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326.
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court denied defendant’s request for an extension of time to file an appeal of his sentence because he failed to establish excusable neglect. See Fed.
R. App. P. 4(b). Gonzales-Padilla does not challenge this finding. Accordingly, we dismiss for lack of a timely notice of appeal.
Counsel’s motion to withdraw is granted.
DISMISSED.
2 11-50073