United States v. Smith-Byrd

Opinion

Case: 25-20299 Document: 30-1 Page: 1 Date Filed: 10/10/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-20299 FILED Summary Calendar October 10, 2025 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Jonathan Eliott Smith-Byrd,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-516-1 ______________________________

Before Jones, Richman, and Ramirez, Circuit Judges. Per Curiam: * Jonathan Eliott Smith-Byrd filed an interlocutory appeal from the district court’s order denying his pro se motions to dismiss the indictment for lack of subject matter jurisdiction alleging lack of standing and violations of the Confrontation Clause and his Due Process rights. Counsel moves to withdraw, and Smith-Byrd moves to proceed pro se. We lack jurisdiction

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-20299 Document: 30-1 Page: 2 Date Filed: 10/10/2025

No. 25-20299

because there is no final judgment and the district court’s order is not an immediately appealable collateral order. See United States v. Emakoji, 990 F.3d 885, 888-89 (5th Cir. 2021). Accordingly, the appeal is DISMISSED for lack of jurisdiction, and the motions are DENIED as moot.