Case: 14-41356 Document: 00513115318 Page: 1 Date Filed: 07/14/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-41356
Fifth Circuit
FILED
July 14, 2015
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff–Appellee,
versus
JAVIER GONZALEZ-GONZALEZ,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-1491-1
Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.
PER CURIAM: *
Javier Gonzalez-Gonzalez was convicted of being found in the United
States following deportation. The judgment was entered on February 19, 2014.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 14-41356 Document: 00513115318 Page: 2 Date Filed: 07/14/2015
No. 14-41356
No earlier than November 9, 2014, Gonzalez-Gonzalez filed a pro se notice of
appeal and moved for leave to proceed in forma pauperis (“IFP”).
The district court denied leave to proceed IFP, observing that the notice
of appeal was untimely and that the time to seek an extension of the appeal
period had expired on April 4, 2014. Gonzalez-Gonzalez’s appointed counsel
has moved for leave to withdraw, and Gonzalez-Gonzalez has responded.
The time limit to appeal in a criminal case is not jurisdictional and may
be waived. United States v. Martinez, 496 F.3d 387, 388–89 (5th Cir. 2007).
Nevertheless, a defendant is not entitled to have his untimeliness disregarded.
United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). After review-
ing the record, counsel’s motion, and Gonzalez-Gonzalez’s response, we con-
clude that the appeal is frivolous.
The motion to withdraw is GRANTED, and the appeal is DISMISSED as
frivolous. See 5TH CIR. R. 42.2. Gonzalez-Gonzalez’s motion to remand is
DENIED.
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