Opinion of the Court — United States v. Rubio-Espinoza

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Type: Opinion of the Court
Filed: Feb. 25, 2002
Case: United States v. Rubio-Espinoza
Case status: Decided

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MEMORANDUM *** Alfredo Rubio-Espinoza (“Rubio-Espi-noza”) appeals his conviction and sentence *379 following Ms guilty plea to one count of being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 (a). The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary. We dismiss as untimely Rubio-Espinoza’s appeal of Ms conviction, 1 and affirm his sentence. On October 7, 1999, Rubio-Espinoza’s judgment and commitment was entered on the district court’s docket. He then had 10 days to file a notice of appeal. See Fed. R.App. P. 4(b)(1)(A) (“In a criminal case, a defendant’s notice of appeal must be filed m the district court within 10 days after the later of (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government’s notice of appeal.”); Fed. R.App. P. 4(b)(6) (“A judgment or order is entered for purposes of this Rule 4(b) when it is entered on the criminal docket.”). These requirements are both mandatory and jurisdictional. United States v. Eccles, 850 F.2d 1357, 1363 (9th Cir.1988). Rather than filing a notice of appeal, on October 18, 1999, Rubio-E…

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