United States v. Fabian Ezquiel Gonzalez

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Fabian Ezquiel GONZALEZ, Defendant-Appellant. No. 91-50525. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 17, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Fabian Ezquiel Gonzalez appeals pro se the district court's denial of his request for a 30-day extension of time to file his notice of appeal. Gonzalez contends that the district court failed to determine if there was excusable neglect justifying an extension of time to file the appeal under Fed.R.App.P. 4(b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Rule 4(b) provides that a notice of appeal in a criminal case must be filed within ten days after entry of the judgment or order appealed from. Fed.R.App.P. 4(b). Rule 4(b) also provides in relevant part: 4 Upon a showing of excusable neglect, the district court may,…