UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-40646
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANK CURTIS RICHARDSON,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Texas
(1:94-CR-97-1)
_________________________________________________________________
April 30, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Richardson’s court-appointed counsel has filed a motion to
withdraw and a brief pursuant to Anders v. California, 386 U.S. 738
(1967). Richardson has responded. But, we must first address, sua
sponte, our jurisdiction vel non.
Final judgment was entered on 21 February 1996; but, the
notice of appeal was not filed until 3 July 1996. The notice of
appeal filing and the district court’s finding of excusable neglect
*
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that this opinion should not be published and is not precedent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.
for filing the late notice were outside the excusable-neglect
period (40 days after entry of final judgment) of FED. R.
APP.P.4(b). The district court was without authority to make such
a finding outside this period. United States v. Awalt, 728 F.2d
704, 705 (5th Cir. 1984). The appeal is, therefore, DISMISSED for
lack of appellate jurisdiction. United States v. Merrifield, 764
F.2d 436, 437 (5th Cir. 1985).
- 2 -