United States v. Miguel Espinoza-Betancourt

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Miguel ESPINOZA-BETANCOURT, Defendant-Appellant. No. 94-50579. United States Court of Appeals, Ninth Circuit. Submitted Oct. 16, 1995. * Decided Oct. 25, 1995. 1 Before: POOLE and O'SCANNLAIN, Circuit Judges; MARQUEZ, ** District Judge. 2 MEMORANDUM *** 3 Miguel Espinoza-Betancourt appeals his conviction by guilty plea and sentence under the Sentencing Guidelines for conspiracy to possess methamphetamine with the intent to distribute, in violation of 21 U.S.C. Secs. 841 (a)(1) & 846. We dismiss the appeal for lack of jurisdiction. 4 * Federal Rule of Appellate Procedure 4(b) requires that the notice of appeal in a criminal case be filed in the district court "within 10 days after the entry either of the judgment or order appealed from." Upon a showing of "excusable neglect," the district court may extend the time for filing a notice of appeal "for a period not…