Texte intégral
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NOT FOR PUBLICATION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
DIEGO QUIROZ,
Petitioner - Appellant,
v.
MIKE McDONALD,
Respondent - Appellee.
No. 11-17473
D.C. No. 4:09-cv-04940-PJH
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
California state prisoner Diego Quiroz appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We dismiss for
lack of jurisdiction.
FILED
SEP 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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11-17473 2
Quiroz contends that the he was denied his Sixth Amendment right to have a
jury decide the facts supporting an upper term sentence. Because Quiroz did not
file his notice of appeal within thirty days of the entry of judgment, we do not have
jurisdiction over this appeal. See Fed. R. App. P. 4(a)(1)(A); United States v.
Sadler, 480 F.3d 932, 937 (9th Cir. 2007).
DISMISSED.
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