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U.S. v. LEWIS

No. 90-4190 Summary Calendar.

921 F.2d 563 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee LEWIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 4, 1991.

Attorney(s) appearing for the Case

Kent W. Johns, Johns & Johns, Beaumont, Tex. and John E. Sherman, Houston, Tex., for defendant-appellant.

Debra A. Carr and Bob Wortham, U.S. Attys., Beaumont, Tex., for plaintiff-appellee.

Before GEE, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

Defendant Robert Lewis appeals the sentence he received following his plea of guilty to a charge of unlawful acquisition of food stamps in violation of 7 U.S.C. § 2024(b). Concluding that Lewis's notice was not timely filed, we dismiss the appeal for want of jurisdiction. Although the parties have not mentioned the jurisdictional issue, we must examine the basis of our jurisdiction, on our own motion if necessary. Mosley v. Cozby,

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