United States v. Delfino Bustos ( 2015 )

Case: 14-51107 Document: 00513284078 Page: 1 Date Filed: 11/24/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-51107 November 24, 2015
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
DELFINO BUSTOS, also known as Defino Bustos,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:14-CR-103-3
Before BARKSDALE, CLEMENT, and ELROD, Circuit Judges.
PER CURIAM: *
Delfino Bustos challenges his guilty-plea conviction for aiding and
abetting possession, with intent to distribute, 50 grams or more of
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), and 18
U.S.C. § 2, and his resulting 135-month sentence. He asserts the magistrate
judge erred in declining to hold an evidentiary hearing on, or grant, his pro se
motion to withdraw his guilty plea.
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.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: 14-51107 Document: 00513284078 Page: 2 Date Filed: 11/24/2015
No. 14-51107
“Generally, this court’s jurisdiction is limited to review the district
court[’s] final orders, qualified interlocutory orders, and collateral orders.”
Goodman v. Harris Cty., 443 F.3d 464, 467 (5th Cir. 2006); 28 U.S.C. § 1291.
Moreover, “it is well established that a magistrate judge’s order is not ‘final’
within the meaning of § 1291 and may not be appealed to this court directly”.
Sealed Appellee v. Sealed Appellant, 765 F.3d 394, 395 (5th Cir. 2014) (quoting
Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir.2004)). Because Bustos did
not object to the magistrate judge’s order, or otherwise renew his motion, to
the district court, we lack jurisdiction to consider his appeal. See id.
DISMISSED.
2