United States v. Carl W. Gilmore
Opinion
Opinion
5 F.3d 541 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carl W. GILMORE, Defendant-Appellant. No. 92-10628. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 16, 1993. Appeal from the United States District Court, for the District of Arizona, D.C. No. CR-91-00468-JMR; John M. Roll, District Judge, Presiding. D.Ariz. AFFIRMED. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Carl Gilmore attempts to appeal from his sentence following entry of a guilty plea to two counts of a 13-count mail fraud indictment, arguing that the impropriety of the sentence he received required the district court to accept for filing Gilmore's admittedly untimely notice of appeal. We reject Gilmore's contentions and affirm. 3 A notice of appeal in a criminal case must be filed within 10 days of the entry of judgment. Fed.R.App.P. 4(b). A district court may extend the 10-day time limit…