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United States v. Aguilar-Espinoza

United States Court of Appeals, Ninth Circuit
Apr 15, 2004
95 F. App'x 233 (9th Cir. 2004)

Opinion

Submitted: April 12, 2004.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of California, Robert E. Coyle, Senior Judge, Presiding.

Kathleen A. Servatius, Fresno, CA, for Plaintiff-Appellee.

Alejandro Aguilar-Espinoza, Clayton, CA, pro se.


Before O'SCANNLAIN, RYMER and BEA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Alejandro Aguilar-Espinoza appeals the district court's denial of his motion for an extension of time to file a notice of appeal.

The district court properly construed Aguilar-Espinoza's notice of appeal as a motion for an extension of time to file a notice of appeal and denied it, because Fed. R.App. P. 4(b)(4) prohibits the district court from granting an extension of

Page 234.

more than 30 days from the expiration of the time otherwise prescribed to file a notice of appeal. See United States v. Buzard, 884 F.2d 475, 475-76 (9th Cir.1989).

AFFIRMED.


Summaries of

United States v. Aguilar-Espinoza

United States Court of Appeals, Ninth Circuit
Apr 15, 2004
95 F. App'x 233 (9th Cir. 2004)
Case details for

United States v. Aguilar-Espinoza

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Alejandro…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 15, 2004

Citations

95 F. App'x 233 (9th Cir. 2004)