United States v. Andres Mendoza-Lazalde

Case: 16-51109 Document: 00513769181 Page: 1 Date Filed: 11/22/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-51109 FILED
November 22, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA,
Clerk

Plaintiff-Appellee

ANDRES MENDOZA-LAZALDE,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:15-CR-1948-1

Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
Andres Mendoza-Lazalde, federal prisoner # 59855-380, was sentenced
to 46 months of imprisonment for smuggling goods and facilitating the
smuggling of goods from the United States, in violation of 18 U.S.C. § 554. He
has filed a motion for the appointment of counsel and leave to proceed in forma
pauperis (IFP) on appeal.
The district court entered the judgment of conviction on April 4, 2016.
Mendoza-Lazalde filed a pro se notice of appeal at the earliest on August 30,

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-51109 Document: 00513769181 Page: 2 Date Filed: 11/22/2016

No. 16-51109

2016, well beyond the time for appealing and for extending the appeal period.
See FED. R.APP. P. 4(b)(1)(A), (b)(4). The appeal, which was filed far outside
the time limit, is frivolous. See United States v. Leijano-Cruz, 473 F.3d 571,
574 (5th Cir. 2006). Consequently, Mendoza-Lazalde’s appeal is DISMISSED,
see 5TH CIR. R. 42.2, and his motion for the appointment of counsel and leave
to proceed IFP on appeal is DENIED.