United States v. Charpia

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 29, 2020
• Docket: 20-50170
• Status: Unpublished

Opinion

Case: 20-50170 Document: 00515687712 Page: 1 Date Filed: 12/29/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED December 29, 2020 No. 20-50170 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Jill Ann Charpia, also known as Jill Charpia, also known as Jill A. Charpia, also known as Jill Hoops, also known as Jill A. Hoops, also known as Jill Tharpia,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 5:12-CR-704-1

Before King, Smith, and Wilson, Circuit Judges. Per Curiam:* Jill Ann Charpia, formerly federal prisoner # 02076-380, pled guilty to making false statements in seeking funds from the United States Department of Defense (DOD), in violation of 18 U.S.C. § 1001(a)(1)–(3). As part of her

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-50170 Document: 00515687712 Page: 2 Date Filed: 12/29/2020

No. 20-50170

sentence, the district court ordered her to pay $920,000 in restitution to a DOD unit, pursuant to the Mandatory Victims Restitution Act. She appeals the district court’s denial of her motion to quash a writ of garnishment related to that restitution order. An order denying a motion to quash a writ of garnishment is not a final order, and Charpia has not attempted to “meet [her] obligation to demonstrate [appellate] jurisdiction by adequately briefing the issue.” United States v. Branham, 690 F.3d 633, 635 (5th Cir. 2012); see 28 U.S.C. §§ 1291, 1292. Accordingly, we DISMISS her appeal without prejudice for lack of jurisdiction. See Branham, 690 F.3d at 636.