
    UNITED STATES of America, Plaintiff-Appellee v. Rafael LUNA-URBINA, Defendant-Appellant.
    No. 09-40689
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    March 30, 2010.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Rafael Luna-Urbina, White Deer, PA, pro se.
    Before JOLLY, WIENER, and ELROD, Circuit Judges.
   PER CURIAM:

Rafael Luna-Urbina pleaded guilty to one count of attempting to reenter the United States after having previously been deported. He was sentenced to 77 months of imprisonment and a two-year term of supervised release. More than 40 days after the entry of judgment, Luna-Urbina filed a notice of appeal. The district court construed the notice of appeal as a request for an out-of-time appeal and denied it pursuant to Fed. R.App. P. 4(b).

Luna-Urbina did not file a notice of appeal within 10 days after the entry of the criminal judgment. See Fed. R.App. P. 4(b)(1)(A)(i). His appeal also was noticed beyond the 30-day time limit for extending the appeal period under Fed. R.App. P. 4(b)(4). Thus, the district court did not err in enforcing the time limitations set forth in Fed. R.App. P. 4(b), and this court may not reverse its decision to do so. See United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir.2006). His appeal is dismissed as untimely.

APPEAL 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     