Opinion
No. 11-17473 D.C. No. 4:09-cv-04940-PJH
09-24-2012
DIEGO QUIROZ, Petitioner - Appellant, v. MIKE McDONALD, Respondent - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
California state prisoner Diego Quiroz appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2254 habeas petition. We dismiss for lack of jurisdiction.
Quiroz contends that the he was denied his Sixth Amendment right to have a jury decide the facts supporting an upper term sentence. Because Quiroz did not file his notice of appeal within thirty days of the entry of judgment, we do not have jurisdiction over this appeal. See Fed. R. App. P. 4(a)(1)(A); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007).
DISMISSED.