United States v. James Williams, II

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 24, 2018
• Docket: 17-11486
• Status: Unpublished

Opinion

Case: 17-11486 Document: 00514695273 Page: 1 Date Filed: 10/24/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED No. 17-11486 October 24, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

JAMES LEE WILLIAMS, II, also known as James Lee Williams,

Defendant - Appellant

Appeals from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-225-1

Before DENNIS, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * James Lee Williams, II, federal prisoner # 97021-079, appeals the denial of his motion for extraordinary relief challenging the legality of the restitution order imposed in connection with his 2013 conviction for wire fraud. In his brief, he renews his challenge to the legality of the restitution order. Williams does not challenge the finding by the district court that there was no legal basis for a postconviction motion challenging the restitution order.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 17-11486 Document: 00514695273 Page: 2 Date Filed: 10/24/2018

No. 17-11486

The district court lacked jurisdiction to consider Williams’s motion. See United States v. Miller, 599 F.3d 484, 487 (5th Cir. 2010); United States v. Hatten, 167 F.3d 884, 887 & n.6 (5th Cir. 1999). Williams’s motion is “an unauthorized motion which the district court was without jurisdiction to entertain. Thus, he has appealed from the denial of a meaningless, unauthorized motion.” United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). The judgment of the district court is AFFIRMED.