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Diego QUIROZ, Petitioner-Appellant, v. Mike McDONALD, Respondent-Appellee

United States Court of Appeals for the Ninth Circuit2012-09-24No. No. 11-17473
481 F. App'x 372

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Opinion

majority opinion

MEMORANDUM

California state prisoner Diego Quiroz appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We dismiss for lack of jurisdiction.

Quiroz contends that the he was denied his Sixth Amendment right to have a jury decide the facts supporting an upper term sentence. Because Quiroz did not file his notice of appeal within thirty days of the entry of judgment, we do not have jurisdiction over this appeal. See Fed. R.App. P. 4(a)(1)(A); United States v. Sadler, 480 F.3d 932, 937 (9th Cir.2007). DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.