United States of America v. MELVIN WARREN RIVERS, AKA Juice Lee

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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MELVIN WARREN RIVERS, AKA Juice
Lee,
Defendant-Appellant.
No. 23-50043
D.C. No.
3:13-cr-03954-BEN-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted January 8, 2024**
Pasadena, California
Before: CHRISTEN and BENNETT, Circuit Judges, and KATZMANN,*** Judge.
Melvin Rivers appeals the district court’s order denying his motion for early
termination of supervised release that followed his 2014 conviction for conspiracy
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Gary S. Katzmann, Judge for the United States Court
of International Trade, sitting by designation.
FILED
JAN 10 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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to commit sex trafficking of a juvenile in violation of 18 U.S.C. § 1594(c). We
have jurisdiction under 28 U.S.C. § 1291, and we dismiss the appeal as untimely.
A defendant must file a notice of appeal within fourteen days of the order
being appealed. Fed. R. App. P. 4(b)(1)(A)(i). Rivers’s motion for early
termination of supervised release was denied on January 9, 2023. Rivers filed a
notice of appeal on February 28, 2023, which specified that he was appealing the
January 9 order denying the motion. Rivers’s notice of appeal was filed fifty days
after the order denying his motion, making it untimely. “Because the government
properly raised the untimeliness argument in the instant case . . . we are required to
dismiss [Rivers]’s appeal.” United States v. Sadler, 480 F.3d 932, 942 (9th Cir.
2007).
DISMISSED.

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