United States v. Macias-Castro

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 24, 2003

Charles R. Fulbruge III Clerk No. 03-50081 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN JOSE MACIAS-CASTRO, also known as Rogelio Martinez-Lopez, also known as Martin Sotelo-Hernandez,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-97-CR-106-ALL-JN --------------------

Before DeMOSS, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Juan Jose Macias-Castro (“Macias”), federal prisoner

#79463-080, appeals the district court’s dismissal of his motion

to dismiss the indictment, which was filed after his conviction

was affirmed on appeal and after time for seeking a writ of

certiorari had expired. Because the criminal proceedings were

no longer pending, this motion was unauthorized and without a

jurisdictional basis. See United States v. Early, 27 F.3d 140,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 03-50081 -2-

142 (5th Cir. 1994). Macias has thus “appealed from the denial

of a meaningless, unauthorized motion.” Id. Accordingly, the

appeal is DISMISSED.