Case: 15-41468 Document: 00513414646 Page: 1 Date Filed: 03/10/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-41468 FILED
March 10, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA,
Clerk
Plaintiff-Appellee
v.
JOSE RAUL MENDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:13-CR-3
Before GRAVES, HIGGINSON, and COSTA, Circuit Judges.
PER CURIAM: *
Jose Raul Mendez, federal prisoner # 42794-177, was sentenced to 120
months in prison for illegal reentry following deportation in violation of 8
U.S.C. § 1326. The district court entered the judgment of conviction on March
11, 2013. Mendez filed a pro se notice of appeal on October 26, 2015, more than
two and one-half years after entry of the judgment and well beyond the time
for appealing and the time for extending the appeal period. See FED. R. APP.
P. 4(b)(1)(A), (b)(4). Mendez’s appeal, which is far outside the time limit, is
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-41468 Document: 00513414646 Page: 2 Date Filed: 03/10/2016
No. 15-41468
frivolous. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006).
Consequently, the appeal is DISMISSED, see 5TH CIR. R. 42.2, and Mendez’s
motion for leave to proceed in forma pauperis on appeal is DENIED.
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