United States Tenth Circuit

An appeal from a judgment and an order denying a motion to withdraw defendant's plea of guilty to involuntary manslaughter and assault resulting in serious bodily injury for her role in a fatal car accident are affirmed in part, and dismissed in part, as: 1) defendant could not withdraw her plea of guilty after sentencing in her case; 2) Federal Rules of Appellate Procedure 4(b)(1)(A) and 4(b)(4) are non-jurisdictional claim-processing rules; and 3) thus, because the government timely objected to defendant's late notice of appeal, dismissal of the appeal was warranted.

Appellate Information

• Decided 11/06/2007
• Published 11/07/2007

Judges

• MURPHY, Circuit Judge., Before BRISCOE, MURPHY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Brian A. Pori, Inocente, P.C., Albuquerque, NM, for Defendant-Appellant., Laura Fashing, Assistant United States Attorney (Larry Gómez, Acting United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.