United States of America v. Genaro Gasca

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GENARO GASCA,
Defendant - Appellant.
No. 13-10078
D.C. No. 3:12-cr-00213-RS
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Richard Seeborg, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Genaro Gasca appeals from the district court’s judgment and challenges his
guilty-plea conviction and 70-month sentence for two counts of use of a
communications facility to facilitate a drug trafficking crime, in violation of 21
U.S.C. § 843(b). Pursuant to Anders v. California, 386 U.S. 738 (1967), Gasca’s
FILED
FEB 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. Gasca has filed a pro se supplemental
brief, and the government has filed an answering brief.
The government urges dismissal of this appeal as untimely. Gasca filed a
pro se notice of appeal over seven months after the district court entered judgment.
Accordingly, we dismiss the appeal. See Fed. R. App. P. 4(b)(1)(A)(i); United
States v. Sadler, 480 F.3d 932, 942 (9th Cir. 2007) (when the government objects
to the untimely filing of a notice of appeal, dismissal is mandatory).1
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
1 In light of this determination, we need not and do not address the appeal
waiver issue.
13-10078 2

-- 2 of 2 --