Matta-Lopez

MEMORANDUM **

In No. 99-50707, federal prisoner Juan Ramon Matta-Lopez appeals pro se the district court’s denial of his motion for a new trial after his conviction for conducting a continuing criminal enterprise. In No. 00-50031, Matta-Lopez appeals pro se the district court’s denial of his motion to extend time within which to file his notice of appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , consolidate the appeals, and affirm in part and dismiss in part.

Matta-Lopez contends the district court abused its discretion in denying his motion to extend the time within which to file his notice of appeal. We review a district court’s determination concerning excusable neglect for failing to file a timely notice of appeal for an abuse of discretion. See United States v. Prairie Pharmacy, Inc., 921 F.2d 211, 212 (9th Cir.1990). “Because of the special importance of providing criminal defendants an opportunity to appeal, ... we will review more searchingly a district court’s finding of no excusable neglect in a criminal appeal.” Id. at 213 .

Relying upon United States v. Smith, 60 F.3d 595, 596 (9th Cir.1995), Matta-Lopez argues his attorney’s inability to communicate with…