United States v. Melvin Rivers

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 10 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-50043 Plaintiff-Appellee, D.C. No. 3:13-cr-03954-BEN-1 v. MELVIN WARREN RIVERS, AKA Juice MEMORANDUM* Lee, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted January 8, 2024** Pasadena, California Before: CHRISTEN and BENNETT, Circuit Judges, and KATZMANN,*** Judge. Melvin Rivers appeals the district court’s order denying his motion for early termination of supervised release that followed his 2014 conviction for conspiracy * 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). *** The Honorable Gary S. Katzmann, Judge for the United States Court of International Trade, sitting by designation. 1 to commit sex trafficking of a juvenile in violation of 18 U.S.C. § 1594(c). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss the appeal as untimely. A defendant must file a notice of appeal within fourteen days of the order being appealed. Fed. R. App. P. 4(b)(1)(A)(i). Rivers’s motion for early termination of supervised release was denied on January 9, 2023. Rivers filed a notice of appeal on February 28, 2023, which specified that he was appealing the January 9 order denying the motion. Rivers’s notice of appeal was filed fifty days after the order denying his motion, making it untimely. “Because the government properly raised the untimeliness argument in the instant case . . . we are required to dismiss [Rivers]’s appeal.” United States v. Sadler, 480 F.3d 932, 942 (9th Cir. 2007). DISMISSED. 2