United States v. Hernandez ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50706
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS BARRERA HERNANDEZ, a/k/a Cale,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-91-CR-318-2
- - - - - - - - - -
April 10, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Carlos Barrera Hernandez, federal inmate #43802-080, moves
for the appointment of counsel.
We must examine sua sponte the basis for subject-matter
jurisdiction. Giannakos v. M/V BRAVO TRADER, 762 F.2d 1295, 1297
(5th Cir. 1985). Hernandez had not begun, nor has he begun, any
postconviction proceeding in the district court when he asked for
the appointment of counsel. After criminal proceedings are
completed, a noncapital defendant does not have a right to the
*
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that this opinion should not be published and is not precedent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. 97-50706
-2-
appointment of counsel without first filing a 28 U.S.C. § 2255
motion and then only if justice so requires. See McFarland v.
Scott, 512 U.S. 849, 857 n.3 (1994); 18 U.S.C. § 3006A(a)(2)(B).
The district court lacked jurisdiction to consider Hernandez’s
motion.
The appeal is DISMISSED. Hernandez’s motion is DENIED as
moot.