United States v. Roy J. Dupuy

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roy J. DUPUY, Defendant-Appellant. No. 92-10491. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 16, 1993. Decided July 7, 1993. Before GOODWIN, Senior Circuit Judge, and NORRIS and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Dupuy challenges his conviction following a jury trial on the ground that his rights under the Confrontation Clause and Fed.R.Crim.P. 15(b) were violated by the admission of a foreign deposition of the complaining witness. 3 The government first argues that we do not have jurisdiction over the appeal because the notice of appeal was untimely. Judgment was entered against appellant on July 13, 1992. Even though Dupuy requested his attorney to file a notice of appeal, the attorney did not do so until 21 days after the entry of judgment. Fed.R.App.P. 4(b) requires that a notice of appeal be filed within 10 days of the entry of…