IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10013
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH EVANS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:93-CR-045-A
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February 24, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
On or about December 26, 1995, Evans mailed his notice of
appeal, appealing the district court’s denial of his motion for
reduction and/or correction of sentence. It was received by the
clerk on January 2, 1996. This court held that the notice of
appeal was untimely and remanded the case to the district court
to determine whether Evans could establish excusable neglect.
On March 19, 1996, the district court, finding that Evans
had not demonstrated excusable neglect, denied the motion for
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-10013
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extension of time in which to file an appeal. In his brief,
Evans does not assign error to the district court’s finding of no
excusable neglect, nor does he brief the issue.
Because Evans failed to brief the only appealable issue, the
finding of no excusable neglect, he has effectively abandoned it
for the purposes of his appeal. Weaver v. Puckett, 896 F.2d 126,
128 (5th Cir.), cert. denied, 498 U.S. 966 (1990). Accordingly,
this court’s finding that Evans’ December 26, 1995, notice of
appeal was untimely is undisturbed, and his appeal is dismissed
for lack of jurisdiction.
APPEAL DISMISSED.