USA v. Richard Bouldin

Filing

UNPUBLISHED OPINION FILED. [13-11338 Affirmed ] Judge: CDK , Judge: WED , Judge: JWE Mandate pull date is 06/27/2014 [13-11338]

Case: 13-11338

Document: 00512620040

Page: 1

Date Filed: 05/06/2014

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

No. 13-11338
Summary Calendar

FILED
May 6, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RICHARD BOULDIN, also known as Waco,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:05-CR-11-1
Before KING, DAVIS, and ELROD, Circuit Judges.
PER CURIAM: *

The guilty plea conviction of Richard Bouldin, federal prisoner # 32154177, for possession of a controlled substance with intent to distribute in
violation of 21 U.S.C. § 841(a) and (b) was final in 2008. In October 2013, at a
time when Bouldin had no actions pending, he filed a pro se motion requesting
grand jury documents and a pro se motion titled “Order to Show Cause,”
requesting that the district court order the United States Attorney to show

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 13-11338

Document: 00512620040

Page: 2

Date Filed: 05/06/2014

No. 13-11338
cause why the documents requested by Bouldin should not be provided.
Bouldin appeals the district court’s denial of those motions and the district
court’s denial of his motion for reconsideration of the denial of those motions.
It is questionable whether Bouldin’s motions had a valid jurisdictional
basis in the district court. See United States v. Carvajal, 989 F.2d 170, 170
(5th Cir. 1993).

However, even if the district court correctly exercised

jurisdiction, the district court properly denied the motions because Bouldin
failed to show a particularized need for the grand jury materials. See United
States v. Miramontez, 995 F.2d 56, 57-58 (5th Cir. 1993). Further, by pleading
guilty, he waived all nonjurisdictional defects occurring during the grand jury
proceedings. Id. at 60. Accordingly, the denial of Bouldin’s postconviction
motions is AFFIRMED.

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