U.S. v. Ramirez-Alvarez

Full title: UNITED STATES of America, Plaintiff-Appellee v. Aris Benjamin…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 15, 2010

360 F. App'x 589 (5th Cir. 2010)

Opinion

No. 09-10702 Summary Calendar.

January 15, 2010.

Denise B. Williams, U.S. Attorney's Office, Lubbock, TX, for Plaintiff-Appellee.

Aris Benjamin Ramirez-Alvarez, Bradford, PA, pro se.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 1:04-MJ-85-1.

Before KING, STEWART and HAYNES, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Aris Benjamin Ramirez-Alvarez has moved for appointment of counsel to represent him on appeal of his December 13, 2004 amended judgment of conviction for illegal entry into the United States. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). The judgment Ramirez-Alvarez seeks to appeal was issued by a federal magistrate judge, and a federal magistrate judge's judgment of conviction and sentence may be appealed only to a federal district court. See 18 U.S.C. § 3402; FED. R.CRIM. P. 58(g)(2); see also United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994). Thus, we lack jurisdiction over this appeal.

Ramirez-Alvarez's motion for appointment of counsel is DENIED, and this appeal is DISMISSED for lack of jurisdiction.