United States v. Melvin Wiand

535 F. App'x 332

Opinion

PER CURIAM: *

After the district court denied a motion to suppress evidence, Melvin Wiand, federal prisoner # 37221-177, pleaded guilty, pursuant to a plea agreement, to receipt of child pornography. The conviction and sentence were affirmed on direct appeal, the district court denied 28 U.S.C. § 2255 relief, and we denied a certificate of ap-pealability. The claims in Wiand’s § 2255 motion included allegations that government witnesses forged evidence, testified falsely, and otherwise obstructed justice at the suppression hearing.

Wiand challenges the district court’s denial of a motion to reconsider its denial of a motion to reopen the suppression proceedings, and he moves for appointment of appellate counsel. The motion that is the subject of this appeal is an unauthorized successive § 2255 motion that the district court lacked jurisdiction to consider. See United States v. Key, 205 F.3d 773, 774 (5th Cir.2000). The judgment is AFFIRMED, and the motion for counsel is DENIED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.