United States v. Graves

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-20125 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LARRY A. GRAVES,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CR-H-95-243-1 - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Larry Graves appeals from the district court’s denial of his

motion to reinstate his appeal from the dismissal of his appeal

from the magistrate judge’s ruling finding him guilty of

resisting arrest and parking violations on federal property. The

Government has filed in this court a motion to dismiss Graves’

appeal.

In his two-page brief on appeal, Graves argues only the

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-20125 - 2 -

sufficiency of the evidence that the Government presented at his

trial before the magistrate judge. The magistrate judge’s ruling

is not a final judgment from a district court necessary to invoke

this court’s jurisdiction under 28 U.S.C. § 1291. As Graves

provides no argument on the only appealable issue, whether the

district court erred by denying Graves’ motion to reinstate his

appeal from the magistrate judge’s ruling, the issue is deemed

abandoned. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.

1993). With no appealable issue before the court, the

Government’s motion is GRANTED and Graves’ appeal is DISMISSED.

APPEAL DISMISSED.