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U.S. v. MITCHELL

No. 05-2052.

518 F.3d 740 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Roland Lorenzo MITCHELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 29, 2008.

Attorney(s) appearing for the Case

Marc H. Robert, Assistant Federal Public Defender, Las Cruces, NM, on the brief for Defendant-Appellant.

Larry Gomez, Acting United States Attorney, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, NM, on the brief for Plaintiff-Appellee.

Before LUCERO, EBEL, and MURPHY, Circuit Judges.

OPINION ON REMAND

MURPHY, Circuit Judge.

I. Introduction1

Roland Lorenzo Mitchell filed an untimely notice of appeal of his conviction for possession of marijuana with intent to distribute. This court dismissed his appeal, sua sponte, for lack of jurisdiction because Mitchell failed to comply with the time limitations of Federal Rule of Appellate Procedure 4(b). United States v. Mitchell,

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