United States v. Smith-Byrd

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 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.