USA vs Alec V. Mathews

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 6, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-11756
Non-Argument Calendar
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D.C. Docket No. 8:01-cr-00180-EAK-2
UNITED STATES OF AMERICA,
lllllllllllllllllllll Plaintiff-Appellee,
versus
ALEC V. MATHEWS,
a.k.a. Alex Matthews,
lllllllllllllllllllll Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(January 6, 2011)
Before TJOFLAT, BARKETT and FAY, Circuit Judges.
PER CURIAM:
Alec Mathews, a federal prisoner acting pro se, appeals from the denial of

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his motion to file a second direct appeal out of time. Although we previously
affirmed Mathews’ drug and firearm convictions on direct appeal in 2003, he now
argues that he should be permitted to file a second direct appeal out of time,
because the district court failed to notify him that it had denied his motion—filed
after trial but before sentencing—to obtain an expert evaluation of a videotape
introduced by the government at his trial. However, Mathews’ argument fails
because the record establishes that he did in fact receive actual notice of the
district court’s denial of his motion, as he expressly acknowledged the denial at
his sentencing hearing. Accordingly, we affirm.
AFFIRMED.
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