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U.S. v. LEIJANO-CRUZ

No. 05-50280.

473 F.3d 571 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Eluterio Mauro LEIJANO-CRUZ, also known as Joel Lujano-Cruz, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 2006.

Attorney(s) appearing for the Case

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.

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

Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Eluterio Leijano-Cruz was sentenced for illegal reentry but did not file a notice of appeal or motion to extend the time to file a notice of appeal within the time set forth in Federal Rule of Appellate Procedure 4(b). The district court sua sponte invoked rule 4(b)'s time limit and denied Leijano-Cruz's motion for extension of time to file. Leijano-Cruz appeals that denial. We affirm.

I.

Leijano-Cruz is a Mexican...

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