United States v. McCutcheon , 146 F. App'x 755 ( 2005 )


Menu:
  •                                                                         United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    October 25, 2005
    FOR THE FIFTH CIRCUIT                         Charles R. Fulbruge III
    Clerk
    No. 05-50353
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    BYRON LAMONTE MCCUTCHEON,
    Defendant-Appellant.
    Appeal from the United States District Court for
    the Western District of Texas
    (USDC No. 6:05-CV-49)
    (USDC No. 6:92-CR-26-5)
    _________________________________________________________
    Before REAVLEY, HIGGINBOTHAM and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Byron Lamonte McCutcheon seeks a certificate of appealability (COA) to
    appeal the district court’s denial of his 28 U.S.C. § 2255 motion challenging his
    *
    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    not be published and is not precedent except under the limited circumstances set forth in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.
    conviction and sentence. Because the present 28 U.S.C. § 2255 motion is
    McCutcheon’s fourth § 2255 motion, and McCutcheon failed to obtain permission
    from this Court to file a successive § 2255 motion, the district court was without
    jurisdiction to consider McCutcheon’s § 2255 motion. See 28 U.S.C. §§ 2255 &
    2244(b); United States v. Key, 
    205 F.3d 773
    , 774 (5th Cir. 2000). Accordingly, we
    deny the COA, vacate the judgment of the district court, and dismiss this appeal for
    lack of jurisdiction.
    COA DENIED; JUDGMENT VACATED; APPEAL DISMISSED FOR
    LACK OF JURISDICTION.
    

Document Info

Docket Number: 05-50353

Citation Numbers: 146 F. App'x 755

Judges: Clement, Higginbotham, Per Curiam, Reavley

Filed Date: 10/25/2005

Precedential Status: Non-Precedential

Modified Date: 8/2/2023