United States v. Lott

Case: 20-20656 Document: 00516273195 Page: 1 Date Filed: 04/08/2022

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

Fifth Circuit FILED

April 8, 2022

No. 20-20656

Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Rollie Andre Lott,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-734-1

Before Clement, Haynes, and Higginson, Circuit Judges.

Per Curiam:*

Rollie Andre Lott, federal prisoner # 77670-479, appeals the denial of his motion for appointment of counsel, which he filed after the district court granted a writ of garnishment in favor of the Government. He argues that the district court violated his due process rights by failing to hold a hearing

Case: 20-20656 Document: 00516273195 Page: 2 Date Filed: 04/08/2022

No. 20-20656 pursuant to 28 U.S.C. § 3202(d). He also moves this court for appointment of counsel on appeal.

In his brief before this court, Lott asserts that the property at issue was exempt from garnishment and that it belonged to another person. Because Lott did not move for a hearing for the district court to resolve these issues, this court will not consider them on appeal. See Leverette v. Louisville Ladder Co., 183 F.3d 399, 341-42 (5th Cir. 1999)..

AFFIRMED; MOTION DENIED.