Opinion
Criminal Case No. 07-cr-00377-REB
12-21-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. JOSE LUIS ZAMUDIO-VELASQUEZ, Defendant.
Judge Robert E. Blackburn
ORDER
Blackburn, J.
The matter is before the court on the defendant's Notice of Appeal of Final Sentence Pursuant to 18 § 3742 [sic][#25] filed February 5, 2009. The court finds that the notice of appeal is untimely filed and should be denied.
"[#25]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Because defendant is proceeding pro se, I have construed his pleadings more liberally and held them to a less stringent standard than formal pleadings drafted by lawyers. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
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THEREFORE, IT IS ORDERED that the defendant's Notice of Appeal of Final Sentence Pursuant to 18 § 3742 [sic] [#25] filed February 5, 2009, is DENIED as untimely.
Dated December 21, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge