United States v. Gonzales-Reyes

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 18, 2006 Charles R. Fulbruge III Clerk No. 05-20418 Consolidated with No. 05-41028 and No. 06-40174 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SERVANDO GONZALES-REYES, Defendant-Appellant. -------------------- Appeals from the United States District Court for the Southern District of Texas USDC No. 4:01-CR-575-ALL -------------------- Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Servando Gonzales-Reyes (Gonzales) seeks to appeal three judgments arising from his offense of illegally reentering the United States. Gonzales fails to show that the district court abused its discretion by denying his motion for an extension of time to file appeals in case No. 05-20418 and case No. 05-41028. See United States v. Clark, 51 F.3d 42, 43 n.5 (5th Cir. 1999). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-20418 c/w 05-41028 and 06-40174 -2- The appeals in case No. 05-20418 and case No. 05-41028 are dismissed for failure to comply with the rule requiring a timely notice of appeal. See Burnley v. City of San Antonio, F.3d , No. 04-51181, 2006 WL 3247138, *8 n.1 (5th Cir. Sep. 15, 2006); FED. R. APP. P. 4(b)(1)(A)(i). In case No. 06-40174, Gonzales makes no argument relative to the judgment. He has thus waived appeal of any issue pertaining to that judgment. See United States v. Ragsdale, 426 F.3d 765, 785 n.9 (5th Cir. 2005), cert. denied, 126 S. Ct. 1417 (2006). The judgment in appeal No. 06-41074 is affirmed. DISMISSED IN PART; AFFIRMED IN PART.