Filed: Jan. 10, 2017
Latest Update: Mar. 03, 2020
Summary: Case: 15-40146 Document: 00513828671 Page: 1 Date Filed: 01/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40146 FILED Summary Calendar January 10, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANNY VARNER, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:13-CR-4-1 Before BENAVIDES, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Danny
Summary: Case: 15-40146 Document: 00513828671 Page: 1 Date Filed: 01/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40146 FILED Summary Calendar January 10, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANNY VARNER, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:13-CR-4-1 Before BENAVIDES, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Danny ..
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Case: 15-40146 Document: 00513828671 Page: 1 Date Filed: 01/10/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-40146 FILED
Summary Calendar January 10, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DANNY VARNER,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:13-CR-4-1
Before BENAVIDES, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: *
Danny Varner pleaded guilty to possession with intent to distribute
methamphetamine and was sentenced to 188 months of imprisonment and
three years of supervised release. He contends that the district court plainly
erred in applying the career offender enhancement. The Government contends
that Varner’s notice of appeal was untimely and his appeal should be
dismissed.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-40146 Document: 00513828671 Page: 2 Date Filed: 01/10/2017
No. 15-40146
Varner’s notice of appeal was filed well beyond the deadlines for filing a
notice of appeal and requesting an extension of time. See FED. R. APP. P.
4(b)(1)(A)(i), (b)(4). When, as in this case, the Government objects to an
untimely notice of appeal, we will not disregard the matter. See Eberhart v.
United States,
546 U.S. 12, 18 (2005).
Varner’s appeal is DISMISSED as untimely.
2