United States v. Hawthorne

Opinion

Case: 24-30569 Document: 64-1 Page: 1 Date Filed: 05/21/2025

United States Court of Appeals for the Fifth Circuit

____________ United States Court of Appeals Fifth Circuit

No. 24-30569

FILED

May 21, 2025

Summary Calendar ____________ Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Gabriel Hawthorne,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:23-CR-90-1

______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * In this appeal from the district court’s postjudgment ruling on Gabriel Hawthorne’s motion to unseal voir dire transcripts, the attorney appointed to represent Hawthorne has moved for leave to withdraw as counsel. Counsel has also filed a brief and incorporated motion to withdraw in accordance with Anders v. California, 386 U.S. 738 (1967), and United States

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-30569 Document: 64-1 Page: 2 Date Filed: 05/21/2025

No. 24-30569

v. Flores, 632 F.3d 229 (5th Cir. 2011). Hawthorne has filed responses to both motions.

We may only exercise jurisdiction over final orders and certain interlocutory or collateral orders. See 28 U.S.C. §§ 1291, 1292; Dardar v. Lafourche Realty Co., 849 F.2d 955, 957 (5th Cir. 1988). The district court’s order regarding Hawthorne’s motion to unseal voir dire transcripts, which Hawthorne stated he needed in order to prepare a 28 U.S.C. § 2255 motion, is neither final nor otherwise appealable. See Dardar, 849 F.2d at 957; Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100, 106 (2009); see also Goodman v. Harris Cnty., 443 F.3d 464, 467 (5th Cir. 2006); Henry v. Lake Charles Am. Press, L.L.C., 566 F.3d 164, 174 (5th Cir. 2009). Because we lack jurisdiction, the appeal is DISMISSED.

Furthermore, counsel has made the requisite showing to withdraw as counsel in the instant appeal. See Fifth Circuit Plan Under the Criminal Justice Act § 5(B); United States v. Powell, 468 F.3d 862, 863 (5th Cir. 2006). Counsel’s motion to withdraw which is incorporated in his Anders brief is GRANTED as to the instant appeal, and his initial motion to withdraw is DENIED as moot.