Magana-Ayala

United States v. Magana-Ayala

Good Law
156 F. App'x 923
United States Court of Appeals for the Ninth CircuitDecember 5, 2005No. 05-30002California606 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner-Appellant Luis Alberto Magana-Ayala (“Ayala”) pled guilty to possession with intent to distribute methamphetamine. After the District Court sentenced him, Ayala filed a motion to extend time to file a notice of appeal. He now appeals the District Court’s denial of that motion, pursuant to Fed. R.App. P. 4(b)(4), for failure to show good cause or excusable neglect. We review a district court’s order regarding an extension of time to file a notice of appeal for abuse of discretion. Marx v. Loral Corp., 87 F.3d 1049, 1053 (9th Cir. 1996) (citing Pratt v. McCarthy, 850 F.2d 590, 591 (9th Cir.1988)).

I.

Fed. R.App. P. 4(b)(1)(A) and 4(b)(4) provide:

Ayala’s sentence of seventy months was entered on October 14, 2004. He filed his motion to extend time to file a notice of appeal on November 23, 2004. Since November 23, 2004, is within thirty days of the standard ten-day deadline from October 14, 2004, Ayala’s motion to extend time to file was timely filed with the District Court.

II.

Ayala did not demonstrate good cause for his failure to file a timely notice of appeal. The advisory committee’s note to the 2002 amendments to Fed. R.App. P. 4…

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