U.S. v. Garcia-Roman, 2012 WL 1130646 (4/5/12) (Kan.) (unpub'd) - In a rare moment of candor, the 10th allows some reality to filter in. The 10th dismisses a defendant's appeal because it was untimely, despite the defendant's claim that counsel, who is currently on disability inactive status, failed to file a timely appeal, despite his request that counsel do so. In a footnote, the 10th acknowledges that judicial resources might have been saved if the government had not insisted on relying on the untimeliness of the appeal. It notes the defendant will now file a § 2255 petition and the case will eventually come back to the 10th where such defendants' appeals are "often unmeritorious."