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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-14113
Non-Argument Calendar
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D.C. Docket No. 4:18-cr-00166-LGW-CLR-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IVERSON LANG,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Georgia
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(December 7, 2020)
Before WILSON, ROSENBAUM, and BRASHER, Circuit Judges.
PER CURIAM:
Iverson Lang appeals his conviction of possession of a firearm by a prohibited
person in violation of
18 U.S.C. § 922(g)(1). Specifically, he argues that the
magistrate judge abused his discretion by denying Lang’s two pro se motions to
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replace his appointed counsel. Because Lang did not appeal the magistrate judge’s
orders to the district court, we lack jurisdiction to hear his appeal. Accordingly, this
appeal is DISMISSED.
BACKGROUND
We presume familiarity with the factual and procedural history of this case
and describe it below only to the extent necessary to address the issues raised in this
appeal.
In July 2018, a federal grand jury returned a one-count indictment charging
Lang with being a felon in possession of a firearm in violation of
18 U.S.C. §
922(g)(1). The court appointed an attorney to represent Lang. In October 2018,
Lang’s first attorney accepted a new position that precluded her continued
representation of Lang. Later that month the court appointed a new attorney, Jess
Clifton, to represent Lang in this case.
On December 21, 2018, Lang filed a pro se motion to dismiss his new
attorney. Lang claimed that his attorney was not working diligently on his behalf
and that his attorney had failed to bring exculpatory evidence to the court’s attention.
The magistrate judge denied that motion on March 27, 2019.
On April 1, 2019, the day before trial was set to begin, Lang decided to plead
guilty to the sole count of illegal possession of a firearm. At his Rule 11 hearing,
Lang testified that he had reviewed his case with his attorney and he was satisfied
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with his attorney’s handling of his case. He pleaded guilty without a written plea
agreement.
Lang filed a second pro se motion to substitute counsel on August 16, 2019.
The primary reason for Lang’s second motion to substitute counsel was his assertion
that his attorney had not informed him of an earlier plea offer from the government,
an offer he now claims would have resulted in a more favorable sentence than the
one he eventually received. Lang’s attorney filed a written response to Mr. Lang’s
second motion, denying that allegation. On September 9, 2019, the magistrate judge
held a hearing to consider the claims raised in Lang’s two motions to substitute
counsel. The court questioned Lang, his attorney, and the Assistant United States
Attorney assigned to the case regarding Clifton’s performance. Two days later, the
magistrate judge issued a written order denying Lang’s second motion to substitute
counsel.
On September 30, 2019, the district court sentenced Lang to 75 months of
imprisonment to run concurrent with a potential state sentence.
DISCUSSION
Lang argues that the magistrate judge abused his discretion by failing to
promptly and adequately consider his motions to substitute counsel and by denying
those motions even though good cause existed to dismiss his attorney. The
government responds that this Court lacks jurisdiction to review the decision
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denying the two motions to substitute counsel because Lang did not appeal the
magistrate judge’s orders to the district court. Lang replies that his failure to appeal
does not bar this Court from reviewing the magistrate judge’s orders for plain error.
We consider our own jurisdiction sua sponte and review jurisdictional issues
de novo. United States v. Lopez,
562 F.3d 1309, 1311 (11th Cir. 2009).
“The law is settled that appellate courts are without jurisdiction to hear appeals
directly from federal magistrates.” United States v. Schultz,
565 F.3d 1353, 1359
(11th Cir. 2009) (quoting United States v. Renfro,
620 F.2d 497, 500 (5th Cir. 1980)).
Accordingly, this Court has consistently held that we lack jurisdiction to review a
magistrate judge’s order if the party seeking review fails to appeal to the district
court. See, e.g., United States v. Brown,
441 F.3d 1330, 1352 & n.9 (11th Cir. 2006)
(holding that this Court lacked jurisdiction to review magistrate judge’s order
quashing subpoena where ruling was not first appealed to the district court); United
States v. Brown,
342 F.3d 1245, 1246 (11th Cir. 2003) (holding that this Court lacked
jurisdiction to review magistrate judge’s decision denying motion for counsel’s
withdrawal where defendant failed to appeal decision to the district court).
After the magistrate judge denied his requests for new counsel, Lang did not
appeal at any point. He raises these issues for the first time on appeal from final
judgment. Because the district court had no opportunity to review the magistrate
judge’s orders denying Lang’s motions to substitute counsel, there is no district court
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decision for us to review. And we cannot review the magistrate judge’s orders
directly. Accordingly, we lack jurisdiction over this appeal.
Lang argues that we should review the un-appealed orders of the magistrate
judge for plain error. Specifically, he argues that the magistrate judge, but not the
district court, committed plain error in ruling on his motions. Lang’s proposed
review is inconsistent with our precedents establishing our lack of jurisdiction to
review a magistrate judge’s un-appealed orders. Unlike the reports and
recommendations addressed in this Court’s local rule 3-1, which the district court
must adopt or reject, the magistrate judge’s orders at issue here do not require the
district court to take any action unless they are appealed. See Schultz,
565 F.3d at
1361. Absent an appeal to the district court, we lack jurisdiction to review the
magistrate judge’s orders in this case.
CONCLUSION
Because we lack jurisdiction to hear his appeal, it is DISMISSED.
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