USA v. Antonio Ramirez-Olvera

Filing

UNPUBLISHED OPINION FILED. [16-11210 Affirmed ] Judge: WED , Judge: LHS , Judge: SAH Mandate pull date is 07/03/2017; granting motion for summary affirmance filed by Appellee USA [8354716-2]; denying as moot motion to dismiss appeal filed by Appellee USA [8354716-3]; denying motion to extend time to file appellee's brief filed by Appellee USA [8354716-4] [16-11210]

Case: 16-11210

Document: 00513991568

Page: 1

Date Filed: 05/12/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11210
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
May 12, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ANTONIO DE JESUS RAMIREZ-OLVERA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:14-CR-133-1
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *

Antonio De Jesus Ramirez-Olvera appeals from the denial of a
postconviction pleading in which he purported to reserve the right to challenge
his conviction and sentence under Johnson v. United States, 135 S. Ct. 2551
(2015). Ramirez-Olvera, in essence, sought 28 U.S.C. § 2255 relief. Thus, his
pleading was an unauthorized successive § 2255 motion that the district court
lacked jurisdiction to entertain, and he has appealed from the denial of a

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11210

Document: 00513991568

Page: 2

Date Filed: 05/12/2017

No. 16-11210
meaningless motion. See United States v. Key, 205 F.3d 773, 774 (5th Cir.
2000); United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Accordingly,
the Government’s motion for summary affirmance is GRANTED, the
Government’s alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.

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