Summary
Fifth Circuit dismissed as frivolous an appeal from a criminal conviction where the notice of appeal was untimely under Federal Rule of Appellate Procedure 4(b)(1)(A). The district court denied an extension for lack of good cause or excusable neglect, and the appellate court found no nonfrivolous issue regarding the judgment or the denial of an extension. The court granted counsel's motion to withdraw under *Anders v. California* and dismissed the appeal as frivolous. This unpublished decision addresses appellate timeliness, the good-cause standard for extensions in criminal cases, and the application of *Anders* procedures.
Topics
Questions Presented
- Whether the appeal is frivolous under Anders v. California
- Whether the district court abused its discretion in denying De Leon's motion for extension of time to appeal under Rule 4(b)(4)
Holdings
- The appeal is dismissed as frivolous because there is no nonfrivolous issue for appeal. The untimeliness of the notice of appeal may not be disregarded in light of the district court's enforcement of the time limitations.
Key quotations
“De Leon’s notice of appeal was filed more than 14 days after the entry of his criminal judgment and was therefore untimely under Federal Rule of Appellate Procedure 4(b)(1)(A).” (Page 2)
“Based on our review of the record, there is no nonfrivolous issue for appeal with respect to De Leon’s criminal judgment or the district court’s order denying an extension of time to appeal.” (Page 2)
Factual background
Mario De Leon was convicted and sentenced in the United States District Court for the Southern District of Texas. He filed a notice of appeal more than 14 days after the entry of judgment, making it untimely under Federal Rule of Appellate Procedure 4(b)(1)(A). He moved for an extension of time to appeal, which the district court denied for lack of good cause or excusable neglect. The Federal Public Defender appointed to represent De Leon moved to withdraw and filed an Anders brief, asserting that the appeal lacks arguable merit.
Procedural history
De Leon appealed his criminal judgment and the district court's denial of his motion for extension of time to appeal. The Fifth Circuit reviewed the Anders brief and the record.