Case: 11-20294 Document: 00511603766 Page: 1 Date Filed: 09/15/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 15, 2011
No. 11-20294
c/w No. 11-20295 Lyle W. Cayce
Summary Calendar Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAY NARCISO CONTRERAS,
Defendant-Appellant
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UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAY CONTRERAS,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 4:09-CR-652-1
USDC No. 4:09-CR-199-3
Case: 11-20294 Document: 00511603766 Page: 2 Date Filed: 09/15/2011
No. 11-20294
c/w No. 11-20295
Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the above-captioned appeals are CONSOLIDATED.
Ray Narciso Contreras pleaded guilty in separate cases of conspiracy to possess
with intent to distribute marijuana and possession with intent to distribute
methamphetamine and was sentenced to concurrent 210-month terms of
imprisonment. Judgment was entered in both cases on November 17, 2010, and
his notices of appeal were dated April 12, 2011, and were filed in the record on
April 20, 2011. Contreras’s notices of appeal were filed five months after the
final judgments were entered and beyond the time for extending the appeal
period under Federal Rule of Appellate Procedure 4(b)(4). See FED. R. APP.
P. 4(b)(1)(A)(i), (b)(4). Contreras did not file a timely notice of appeal as to either
appeal, and he has not asserted any ground for excusable neglect. Therefore, his
appeals are DISMISSED as untimely. See United States v. Leijano-Cruz, 473
F.3d 571, 574 (5th Cir. 2006). Accordingly, his motions for appointment of
counsel and to proceed in forma pauperis on appeal are DENIED AS MOOT.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
2