United States v. Jesus Avendano-Camacho

KENNEDY, Circuit Judge:

Appellant Avendano-Camacho was convicted of conspiracy to possess and distribute heroin and aiding and abetting the distribution of heroin. The judgment of conviction was entered on April 10, 1985. On May 30, 1985, appellant attempted to file a notice of appeal which was rejected as untimely. Appellant contends that his failure to file the notice within the time prescribed by Federal Rule of Appellate Procedure 4(b) was the result of the imcompetency of his trial counsel. On June 4, 1985, appellant sought from the district court an extension of time to file the notice,…