United States v. Antonio Ramirez-Olvera ( 2017 )

Case: 16-11210 Document: 00513991568 Page: 1 Date Filed: 05/12/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-11210
Fifth Circuit
FILED
Summary Calendar May 12, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
ANTONIO DE JESUS RAMIREZ-OLVERA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:14-CR-133-1
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Antonio De Jesus Ramirez-Olvera appeals from the denial of a
postconviction pleading in which he purported to reserve the right to challenge
his conviction and sentence under Johnson v. United States, 135 S. Ct. 2551
(2015). Ramirez-Olvera, in essence, sought 28 U.S.C. § 2255 relief. Thus, his
pleading was an unauthorized successive § 2255 motion that the district court
lacked jurisdiction to entertain, and he has appealed from the denial of a
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11210 Document: 00513991568 Page: 2 Date Filed: 05/12/2017
No. 16-11210
meaningless motion. See United States v. Key, 205 F.3d 773, 774 (5th Cir.
2000); United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Accordingly,
the Government’s motion for summary affirmance is GRANTED, the
Government’s alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.
2