United States v. Genaro Rubio-Rios

MEMORANDUM

Genaro Federico Rubio-Rios appeals the denial of his motion for an extension of time to file a notice of appeal. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Defendant argues that the district court abused its discretion when denying Defendant’s motion because of the plea agreement’s appellate-waiver, as opposed to either of the applicable standards under Federal Rule of Appellate Procedure 4(b)(4). We review for abuse of discretion. Pincay v. Andrews, 389 F.3d 853, 858 (9th Cir. 2004) (en banc). “In assessing whether a district court abused its discretion, we first ‘determine de novo whether the trial court identified the correct legal rule to apply to the relief requested.’” United States v. Torres, 794 F.3d 1053, 1059 (9th Cir. 2015) (quoting United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir. 2009) (en banc)), cert. denied, — U.S. -, 136 S.Ct. 2005 , 195 L.Ed.2d 220 (2016). Under Rule 4(b)(4),

Fed. R. App. P. 4(b)(4). As the district court applied the incorrect legal standard when denying Defendant’s motion, the district court abused its discretion.

2. When a district court errs, “a defendant must still prove that the error or defect was…