United States of America v. Jose Francisco Alvarez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE FRANCISCO ALVAREZ,
Defendant - Appellant.
No. 10-50556
D.C. No. 2:08-cr-00768-DSF
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jose Francisco Alvarez appeals from the 121-month sentence imposed
following his guilty-plea conviction for distribution of methamphetamine, in
violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291,
FILED
FEB 22 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50556 2
and we dismiss.
Francisco Alvarez filed his notice of appeal (“NOA”) on November 8, 2010,
almost one year after the November 17, 2009, entry of judgment. His appeal is,
therefore, untimely. See Fed. R. App. P. 4(b)(1)(A). Because the government
properly objected to the timeliness of the NOA, we must dismiss the appeal. See
United States v. Sadler, 480 F.3d 932, 941-42 (9th Cir. 2007).
We find no basis to interpret this claim as an action brought under 28
U.S.C. § 2255.
DISMISSED.

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