United States v. McCoy ( 2021 )

Case: 20-50877 Document: 00515879693 Page: 1 Date Filed: 05/28/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 28, 2021
No. 20-50877
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jason Carl McCoy,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:06-CR-216-1
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Jason Carl McCoy appeals the sentence imposed following the
revocation of his supervised release. The magistrate judge recommended
that the district court revoke McCoy’s supervised release after he violated
the conditions of supervision by committing two state crimes and that
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-50877 Document: 00515879693 Page: 2 Date Filed: 05/28/2021
No. 20-50877
McCoy be sentenced to 24 months of imprisonment, followed by two years
of supervised release. The district court subsequently entered an order
adopting the magistrate judge’s report and recommendations. On appeal,
McCoy contends that the district court erred by not reducing his sentence
for the time he spent detained for his state charges.
However, McCoy filed a notice of appeal from the magistrate judge’s
report and recommendations, before the district court entered an order
adopting it. Our jurisdiction does not extend to the magistrate judge’s non-
final decision. See United States v. Cooper, 135 F.3d 960, 961-63 (5th Cir.
1998).
Accordingly, the appeal is DISMISSED.
2