Opinion
No. 10-50691 Summary Calendar.
April 15, 2011.
John M. Wyatt, Anthony, NM, pro se.
Michael A. Rotker, Esq., U.S. Department Of Justice, Washington, DC, Magdalena Gurany Jara, Assistant U.S. Attorney, U.S. Attorney's Office, El Paso, TX, for Respondent-Appellee.
Appeal from the United States District Court for the Western District of Texas, USDC No. 3:10-CV-237.
Before WIENER, PRADO, and OWEN, Circuit Judges.
John M. Wyatt, federal prisoner # 04900-051, was convicted of possession with intent to distribute over 100 kilograms of marijuana and was sentenced as a career offender to 262 months in prison. In the district court, he filed a 28 U.S.C. § 2241 petition challenging his career offender characterization in light of Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), and Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009). He appeals the district court's construction of this petition as a successive 28 U.S.C. § 2255 motion and its transfer of the case to the Seventh Circuit.
If necessary, we must examine the basis of our jurisdiction sua sponte. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). The district court's transfer order was a nonappealable interlocutory order. See Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir. 2001). We are without jurisdiction to consider the present appeal. See id. Consequently, this appeal is DISMISSED for lack of jurisdiction. All out-standing motions are DENIED.