USA v. West

Filing 920081029

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit

FILED
No. 08-50111 Summary Calendar
October 29, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. BYRON JOE WEST Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 1:03-CR-295-ALL

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* Byron Joe West, federal prisoner # 39638-180, was convicted of possession of a firearm by a convicted felon. He seeks a certificate of appealability (COA) to appeal the district court's orders transferring to this court his motion to reopen direct appeal and his motion to reduce sentence under 18 U.S.C. § 3582(c)(2) as unauthorized successive 28 U.S.C. § 2255 motions.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

No. 08-50111 If necessary, we must examine the basis of our jurisdiction sua sponte. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). The district court's transfer orders were nonappealable interlocutory orders. See Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir. 2001). We are without jurisdiction to consider the present appeal. See id. Accordingly, the appeal is dismissed for lack of

jurisdiction. West's motions for a COA, for leave to proceed in forma pauperis on appeal, and for appointment of counsel are denied. APPEAL DISMISSED; MOTIONS DENIED.

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