IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40293
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELENA FORY MINA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:94-CR-44-1
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March 1, 1996
Before DAVIS, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Fed. R. App. P. 4(b) allows the district court to grant a
party who files an untimely notice of appeal an additional 30
days in which to file a notice of appeal upon a showing of
excusable neglect. This court remanded the case to the district
court for a determination whether Mina's untimely filing of the
notice of appeal was due to excusable neglect. The district
court determined that Mina's untimely filing of her notice of
appeal was not due to excusable neglect and that therefore her
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-40293
-2-
time for filing a notice of appeal should not be extended.
Without a finding of excusable neglect, Mina's notice of appeal
is untimely and this court is without jurisdiction over her
appeal. Accordingly, the appeal is DISMISSED.