United States v. Rojas

No. 99-50432
-1-
* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50432
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUZ ROJAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-98-CR-531-ALL-DB
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May 16, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Luz Rojas has moved for leave to
withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Rojas’ untimely notice of
appeal, however, prevents us from reaching the merits of
counsel’s motion to withdraw. The record reflects that Rojas’
notice of appeal was filed well beyond the ten-day appeals
period. See Fed. R. App. P. 4(b)(1)(A)(i). Because a timely
notice of appeal is a prerequisite to the exercise of this
court’s jurisdiction, Rojas’ appeal is DISMISSED as untimely.

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No. 99-50432
-2-
See United States v. Merrifield, 764 F.2d 436, 436-37 (5th Cir.
1985). Counsel’s motion to withdraw is DENIED as moot.
APPEAL DISMISSED; MOTION TO WITHDRAW DENIED AS MOOT.

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