United States v. Dixon , 257 F. App'x 797 ( 2007 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT United States Court of Appeals
    Fifth Circuit
    FILED
    December 11, 2007
    No. 07-10418
    Conference Calendar             Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    JIMMIE LEE DIXON
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:97-CR-84-1
    Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
    PER CURIAM:*
    Jimmie Lee Dixon, federal prisoner # 29531-077, was convicted of robbery,
    attempted robbery, assault with a short-barreled shotgun, using and carrying
    a short-barreled shotgun in relation to a kidnapping, and kidnapping for the
    purpose of committing aggravated sexual abuse. He appeals the district court’s
    denial of his post-judgment motion to question jury members. He argues that
    the district court erred by denying his motion because the jury was exposed to
    a prejudicial exhibit admitted into evidence at his trial. He additionally asserts
    *
    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    should not be published and is not precedent except under the limited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.
    No. 07-10418
    that the district court erred by denying his previously filed 
    28 U.S.C. § 2255
    motion without holding an evidentiary hearing. For the first time on appeal he
    argues that his convictions should be vacated because the trial judge was biased
    against him.
    We do not consider Dixon’s claim that the trial judge was biased against
    him because it is raised for the first time on appeal of the denial of a collateral
    attack upon his convictions. See Whitehead v. Johnson, 
    157 F.3d 384
    , 388 (5th
    Cir. 1998). This appeal is “from the denial of a meaningless, unauthorized
    motion.” United States v. Early, 
    27 F.3d 140
    , 142 (5th Cir. 1994). Accordingly,
    it is DISMISSED as frivolous. See 5TH CIR. R. 42.2; Howard v. King, 
    707 F.2d 215
    , 219-20 (5th Cir. 1983).
    2
    

Document Info

Docket Number: 07-10418

Citation Numbers: 257 F. App'x 797

Judges: Reayley, Barksdale, Garza

Filed Date: 12/11/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024