United States v. Javier Perez-Ramirez

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Javier PEREZ-RAMIREZ, Defendant-Appellant. No. 93-30292. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Javier Perez-Ramirez appeals the district court's order finding that no excusable neglect existed for his untimely notice of appeal. We review the district court's decision concerning excusable neglect for an abuse of discretion. United States v. Prairie Pharmacy, 921 F.2d 211, 212 (9th Cir.1990). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Perez-Ramirez did not file a notice of appeal within ten days of his re-sentencing order as required by Fed.R.App.P. 4(b). See Fed.R.App.P. 4(b). Nonetheless, he contends that the notice of appeal should be deemed timely because of excusable neglect in filing the late notice of…