United States Fifth Circuit

Denial of defendant's motion for extension of time to file a notice of appeal from his conviction for illegal reentry is affirmed over a claim that Federal Rule of Appellate Procedure 4(b) is a non-jurisdictional claim-processing rule that the government forfeited by failing to object to his motion for extension.

Appellate Information

• Decided 12/20/2006
• Published 12/20/2006

Judges

• JERRY E. SMITH, Circuit Judge:, Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Sangita Katikineni Rao (argued), U.S. Dept. of Justice, Crim. Div., Washington, DC, Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for U.S.


• For Appellees:
  
• Philip J. Lynch (argued), Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.