USA v. Jason Child


UNPUBLISHED OPINION FILED. [12-10298 Dismissed for Lack of Jurisdiction] Judge: FPB , Judge: JWE , Judge: SAH Mandate pull date is 12/20/2012 [12-10298]

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Case: 12-10298 Document: 00512067981 Page: 1 Date Filed: 11/29/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10298 Summary Calendar November 29, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JASON WAYNE CHILDS, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:10-CR-75-1 Before BENAVIDES, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM:* Jason Wayne Childs, federal prisoner # 39670-177, appeals the district court’s orders denying his motion for an evidentiary hearing, his request for a hold, and his motion to remove counsel. The orders in this case are not appealable as final orders. See 28 U.S.C. § 1291; Askanase v. Livingwell, Inc., 981 F.2d 807, 810 (5th Cir. 1993). The orders are also not appealable under the collateral order doctrine. See Flanagan v. United States, 465 U.S. 259, 263-64 (1984). The appeal is DISMISSED for lack of jurisdiction. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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