United States v. Cabrera-Castro

United States Court of Appeals
for the Fifth Circuit

No. 19-50883
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Jose Luis Cabrera-Castro,

Defendant—Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:18-CR-1786-1

Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Jose Luis Cabrera-Castro pleaded guilty to illegal reentry after
removal in violation of 8 U.S.C. § 1326; he was sentenced to 42 months of
imprisonment and three years of supervised release. On appeal, he argues
that the sentence imposed was substantively unreasonable in light of the

*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
September 24, 2020

Lyle W. Cayce
Clerk
Case: 19-50883 Document: 00515578146 Page: 1 Date Filed: 09/24/2020

No. 19-50883
2
18 U.S.C. § 3553(a) factors. In response, the Government argues that his
appeal should be dismissed as untimely.
Cabrera-Castro filed his notice of appeal after the expiration of the
time for filing a timely appeal and beyond the time during which the district
court could have granted him an extension upon a showing of either
excusable neglect or good cause. See Fed. R. App.
P. 4(b)(1), (4). While
the timely filing of a notice of appeal in a criminal case is not jurisdictional, it
is mandatory. United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir.
2016). We will enforce the mandatory time limit by dismissing the appeal
where, as here, the Government timely raises the issue. See United States
v. Hernandez-Gomez, 795 F.3d 510, 511 (5th Cir. 2015).
Accordingly, the appeal is DISMISSED as untimely.
Case: 19-50883 Document: 00515578146 Page: 2 Date Filed: 09/24/2020