United States of America v. Derek Andrew Medina

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEREK ANDREW MEDINA,
Defendant - Appellant.
No. 14-50467
D.C. No. 3:14-cr-00389-WQH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Derek Andrew Medina appeals from the district court's judgment and
challenges the 37-month sentence imposed following his guilty-plea conviction for
distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We
dismiss.
* 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).
FILED
MAR 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-50467
The government seeks the dismissal of this appeal as untimely. Although
Medina received an extension of time to file a notice of appeal (“NOA”), he did not
file his NOA within the time permitted by the Federal Rules. See Fed. R. App. P.
4(b)(1)(A)(i), (b)(4). We must, therefore, dismiss. See United States v. Sadler,
480 F.3d 932, 942 (9th Cir. 2007) (when the government objects to the untimely
filing of an NOA, dismissal is mandatory).
DISMISSED.

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