United States v. Richard Bouldin

566 F. App'x 384

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 6, 2014
• Docket: 13-11338
• Status: Unpublished

Opinion

PER CURIAM: *

The guilty plea conviction of Richard Bouldin, federal prisoner # 32154-177, for possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a) and (b) was final in 2008. In October 2013, at a time when Bouldin had no actions pending, he filed a pro se motion requesting grand jury documents and a pro se motion titled “Order to Show Cause,” requesting that the district court order the United States Attorney to show cause why the documents requested by Bouldin should not be provided. Bouldin appeals the district court’s denial of those motions and the district court’s denial of his motion for reconsideration of the denial of those motions.

It is questionable whether Bouldin’s motions had a valid jurisdictional basis in the district court. See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993). However, even if the district court correctly exercised jurisdiction, the district court properly denied the motions because Boul-din failed to show a particularized need for the grand jury materials. See United States v. Miramontez, 995 F.2d 56, 57-58 (5th Cir.1993). Further, by pleading guilty, he waived all nonjurisdictional defects occurring during the grand jury proceedings. Id. at 60. Accordingly, the denial of Bouldin’s postconviction motions is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.