United States v. Julius Jackson
Opinion
Julius L. Jackson, federal prisoner # 05408-028, appeals from the district court’s denial of a motion he filed for co-ram nobis or audita querela relief. He also moves for appointment of counsel; that motion is DENIED.
In his district court motion, Jackson attacked the validity of his conviction and sentence. Jackson’s motion could have arisen only under 28 U.S.C. § 2255. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000). The district court, however, lacked jurisdiction to so construe Jackson’s motion because he previously had filed a § 2255 motion that was disposed of on the merits and did not obtain authorization from this court to file a successive § 2255 motion. See Hooker v. Sivley, 187 F.3d 680, 681-82 (5th Cir. 1999). Jackson’s appeal is “from the denial of a meaningless, unauthorized motion.” United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).
APPEAL DISMISSED. See 5th Cir. R. 42.2.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Julius L. JACKSON, Defendant-Appellant
- Status
- Unpublished