United States v. Helm

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 1 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-2845 D.C. No. 1:15-cr-00057-SPW-1 Plaintiff - Appellee, v. MEMORANDUM* JOSHUA LEE HELM, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted April 22, 2024** Before: CALLAHAN, LEE, and FORREST, Circuit Judges. Joshua Lee Helm appeals from the district court’s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We dismiss the appeal as untimely. Helm filed his notice of appeal more than 44 days after entry of the district * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). court’s order. See Fed. R. App. P. 4(b)(1), (b)(4). Because the government properly objected to Helm’s untimely notice of appeal, we must dismiss. See United States v. Sadler, 480 F.3d 932, 941-42 (9th Cir. 2007). DISMISSED. 2 23-2845