United States v. Lawson , 83 F. App'x 619 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 10, 2003
Charles R. Fulbruge III
Clerk
No. 03-30716
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDERICK D. LAWSON, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 97-CR-10016-01
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Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Frederick D. Lawson, Jr., federal prisoner #09678-035,
appeals the denial his post-conviction motion to dismiss the
indictment against him filed pursuant to FED. R. CRIM. P.
12(b)(3)(B) and (e). This court construes Lawson’s motion to
dismiss the indictment as a 28 U.S.C. § 2255 motion. Because
Lawson neither requested nor obtained the required certification
from this court to file a successive 28 U.S.C. § 2255 motion, the
district court should have dismissed Lawson’s motion for lack of
*
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that this opinion should not be published and is not precedent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. 03-30716
-2-
jurisdiction. See United States v. Rich, 141 F.3d 550, 553 (5th
Cir. 1998).
Moreover, even if this court construes Lawson’s motion to
dismiss the indictment as being filed under Rule 12(b)(3)(B) and
(e), the criminal proceedings were no longer pending and, thus,
Lawson’s motion was unauthorized and without a jurisdictional
basis. See United States v. Early, 27 F.3d 140, 142 (5th Cir.
1994).
The judgment of the district court is AFFIRMED.