United States of America v. Asael Gomez-Jimenez, a/k/a Luis Aguilar-Sierra

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7130
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ASAEL GOMEZ-JIMENEZ, a/k/a Luis Aguilar-Sierra,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:12-cr-00274-D-2)
Submitted: December 20, 2018 Decided: December 27, 2018
Before DIAZ and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Asael Gomez-Jimenez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Asael Gomez-Jimenez seeks to appeal his criminal sentence. We previously
upheld Gomez-Jimenez’s sentence on direct appeal and on review of the denial of his 28
U.S.C. § 2255 (2012) motion. United States v. Gomez-Jimenez, 699 F. App’x 209 (4th
Cir. 2017) (No. 17-6755); United States v. Gomez-Jimenez, 625 F. App’x 602 (4th Cir.
2015) (Nos. 14-4572, 14-4696). Accordingly, we dismiss the appeal as duplicative and
untimely. See United States v. Oliver, 878 F.3d 120, 129 (4th Cir. 2017) (holding that we
may sua sponte dismiss untimely criminal appeal when “an intervening judgment or
collateral-review proceeding has relied on the judgment appealed”). We dispense with
oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
DISMISSED

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