*1 Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges.

PER CURIAM: ^[*]

Andres Mendoza-Lazalde, federal prisoner # 59855-380, was sentenced to 46 months of imprisonment for smuggling goods and facilitating the smuggling of goods from the United States, in violation of 18 U.S.C. § 554. He has filed a motion for the appointment of counsel and leave to proceed in forma pauperis (IFP) on appeal.

The district court entered the judgment of conviction on April 4, 2016. Mendoza-Lazalde filed a pro se notice of appeal at the earliest on August 30, *2 Case: 16-51109 Document: 00513769181 Page: 2 Date Filed: 11/22/2016

No. 16-51109

2016, well beyond the time for appealing and for extending the appeal period. See F ED . R.A PP . P. 4(b)(1)(A), (b)(4). The appeal, which was filed far outside the time limit, is frivolous. See United States v. Leijano-Cruz , 473 F.3d 571, 574 (5th Cir. 2006). Consequently, Mendoza-Lazalde’s appeal is DISMISSED, see 5 TH C IR . R. 42.2, and his motion for the appointment of counsel and leave to proceed IFP on appeal is DENIED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.