United States v. Webb

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 21, 2024
• Docket: 23-10957
• Status: Unpublished

Opinion

Case: 23-10957 Document: 48-1 Page: 1 Date Filed: 03/21/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10957 ____________ FILED March 21, 2024 United States of America, Lyle W. Cayce Clerk Plaintiff—Appellee,

versus

Michael Webb,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC Nos. 4:23-CV-934, 4:19-CR-196-1 ______________________________

Before Haynes, Willett, and Duncan, Circuit Judges. Per Curiam: * A jury convicted Michael Webb, federal prisoner #58831-177, of kidnapping, and he is serving a life sentence. In August 2021, we affirmed Webb’s conviction. In June 2023, Webb filed two documents entitled “Motion for Evidentiary Rule/Corpus Delicti,” challenging the validity of his kidnapping conviction based on the voluntariness of his confession and on his assertion that the Government failed to present evidence

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10957 Document: 48-1 Page: 2 Date Filed: 03/21/2024

No. 23-10957

corroborating his confession. The district court dismissed those motions, and Webb has now filed a motion for a certificate of appealability (COA) to appeal that dismissal. Because Webb is not seeking to appeal the final order in a 28 U.S.C. § 2255 proceeding, his motion for a COA is DENIED as unnecessary. See 28 U.S.C. § 2253(c)(1)(B). Furthermore, Webb’s motions were “meaningless, unauthorized motion[s]” with no statutory or legal basis. United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Accordingly, the district court’s orders dismissing Webb’s motions are AFFIRMED on that basis. See id. We decline to consider Webb’s challenges to the validity of his conviction that were not presented in the motions that he has sought to appeal. See United States v. Scruggs, 691 F.3d 660, 666 (5th Cir. 2012). Webb’s motion for an evidentiary hearing is DENIED.