United States v. Francis, et al

* 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that this opinion should not be published and is not precedent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. 00-30792
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDDIE FRANCIS, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CR-20028-9
--------------------
April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Freddie
Francis, Jr., has filed a motion for leave to withdraw and has
filed a brief as required by Anders v. California, 386 U.S. 738
(1967). Because Francis’ motion for leave to file an untimely
notice of appeal was filed beyond the 40-day period prescribed in
Fed. R. App. P. 4(b)(4), the district court was without authority
to grant an extension of time to file a notice of appeal based on
excusable neglect or good cause. See United States v. Awalt,
728 F.2d 704, 705 (5th Cir. 1984). Therefore, we lack

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No. 00-30792
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jurisdiction to consider Francis’ appeal. See id. Accordingly,
the motion for leave to withdraw is GRANTED, counsel is excused
from further responsibilities herein, and the APPEAL IS DISMISSED
for lack of jurisdiction. The order consolidating this appeal
with United States v. Vezia, No. 00-30328 and United States v.
Milburne, No. 00-30372 is RESCINDED.

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