United States v. Cabrera

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS October 2, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-10030 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE SIMON CABRERA, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:01-CR-374-ALL-H -------------------- Before JONES, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* Jose Simon Cabrera appeals the district court’s order denying his motions for leave to file an out-of-time appeal from his sentence and to substitute counsel. Because Cabrera’s notice of appeal was not filed within ten days of entry of the district court’s orders denying his motions, this court lacks jurisdiction over this appeal. See FED. R. APP. P. 4(b)(1); United States v. Merrifield, 764 F.2d 436, 437 (5th Cir. 1985). APPEAL DISMISSED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.