United States of America v. AMADOR SANCHEZ MENDOZA, AKA Amador Sanchez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
AMADOR SANCHEZ MENDOZA, AKA
Amador Sanchez,
Defendant-Appellant.
No. 21-30038
D.C. No. 2:11-cr-00181-WFN-14
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Amador Sanchez Mendoza appeals pro se from the district court’s order
denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i).
We dismiss Mendoza’s appeal as untimely.
* 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).
FILED
OCT 20 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-30038
The district court entered its order denying Mendoza’s motion for
compassionate release on December 14, 2020. Mendoza’s notice of appeal was
not filed until January 28, 2021, outside of the 14-day timeline to appeal the
district court’s order. See Fed. R. App. P. 4(b)(1)(A). Mendoza did not ask the
district court for an extension of time to file his appeal, nor could the district court
have granted an extension sufficient to render the notice of appeal timely. See Fed.
R. App. P. 4(b)(4) (district court may not extend the time to file a notice of appeal
beyond 30 days). Because the government properly objected to Mendoza’s
untimely filing, we must dismiss Mendoza’s appeal. See United States v. Navarro,
800 F.3d 1104, 1109 (9th Cir. 2015).
This disposition is without prejudice to Mendoza filing a new motion for
compassionate release in the district court.
DISMISSED.

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