IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40294
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HECTOR GOMEZ MARULANDA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:94-CR-44-2
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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 Marulanda's untimely filing of
the notice of appeal was due to excusable neglect. The district
court determined that Marulanda's untimely filing of her notice
*
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that this opinion should not be published and is not precedent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. 95-40294
-2-
of appeal was not due to excusable neglect and that therefore her
time for filing a notice of appeal should not be extended.
Without a finding of excusable neglect, Marulanda's notice of
appeal is untimely and this court is without jurisdiction over
her appeal. Accordingly, the appeal is DISMISSED.