United States v. Melvin Wiand , 535 F. App'x 332 ( 2013 )

Case: 12-10705 Document: 00512300547 Page: 1 Date Filed: 07/09/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 9, 2013
No. 12-10705
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
MELVIN WIAND,
Defendant–Appellant.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:10-CV-1420
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
PER CURIAM:*
After the district court denied a motion to suppress evidence, Melvin
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10705 Document: 00512300547 Page: 2 Date Filed: 07/09/2013
No. 12-10705
Wiand, federal prisoner # 37221-177, pleaded guilty, pursuant to a plea agree-
ment, to receipt of child pornography. The conviction and sentence were
affirmed on direct appeal, the district court denied 28 U.S.C. § 2255 relief, and
we denied a certificate of appealability. The claims in Wiand’s § 2255 motion
included allegations that government witnesses forged evidence, testified falsely,
and otherwise obstructed justice at the suppression hearing.
Wiand challenges the district court’s denial of a motion to reconsider its
denial of a motion to reopen the suppression proceedings, and he moves for
appointment of appellate counsel. The motion that is the subject of this appeal
is an unauthorized successive § 2255 motion that the district court lacked juris-
diction to consider. See United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000).
The judgment is AFFIRMED, and the motion for counsel is DENIED.
2