United States v. George R. Huebner Theresa C. Huebner

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. George R. HUEBNER; Theresa C. Huebner, Defendants-Appellants. No. 93-16608. United States Court of Appeals, Ninth Circuit. Submitted Feb. 17, 1995. * Decided March 23, 1995. Before: REINHARDT, THOMPSON, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 The Huebners appealed from the original judgment too late, so we have no jurisdiction over that appeal. Our jurisdiction is limited to their appeal of the denial of their Rule 59 motion for new trial or to alter or amend judgment. See our order filed October 25, 1993 in this case. 3 The Huebners submitted their motion under Fed.R.Civ.P. 59 too late. It was due no later than June 30, under Fed.R.Civ.P. 59(e) and 6(a), but they filed it July 2. The district court had no discretion to consider the Rule 59 motion, because it was late, so it properly denied it. Carter v. United States, 973 F.2d 1479, 1488 (9th Cir.1992). 4…