Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Decided July 27, 1993.
Appeal from the United States District Court for the Central District of California; No. CR-89-0145-RSWL-1, Ronald S.W. Lew, District Judge, Presiding.
C.D.Cal.
DISMISSED.
Before KILKENNY, SNEED and FERGUSON, Circuit Judges.
ORDER
Andrade appeals from his conviction and sentence following entry of a guilty plea to conspiring to possess and distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The appeal is untimely, see Fed.R.App.P. 4(b), and no unique circumstances exist to warrant the exercise of jurisdiction over this appeal. See United States v. Prairie Pharmacy, Inc., 921 F.2d 211, 213-14 (9th Cir.1990); Pratt v. McCarthy, 850 F.2d 590, 592 (9th Cir.1988), reh'g denied, 878 F.2d 331 (1989).
This case is appropriate for submission on the briefs and without oral argument per Fed.R.App.P. 34(a) and 9th Cir.R. 34-4.
Accordingly, this appeal is DISMISSED as untimely. We leave to Andrade whatever remedies he may have available under 28 U.S.C. § 2255.