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UNITED STATES of America, Plaintiff-Appellee v. Erwin Eugene SEMIEN, Defendant-Appellant
Erwin Eugene Semien, federal prisoner # 05695-078, appeals from the denial of a postconviction pleading in which he sought discovery of exculpatory evidence for purposes of challenging his conviction. The magistrate judge concluded that there was “no legal basis for entertaining this latest attempt at challenging his conviction,” and the district court overruled Semien’s objections to the magistrate judge’s order. Construing that conclusion as a finding that Semien’s motion was a meaningless, unauthorized motion that the district court lacked jurisdiction to entertain, see United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994), we agree that the district court lacked jurisdiction and AFFIRM.
FOOTNOTES
PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Docket No: No. 18-41076
Decided: June 17, 2019
Court: United States Court of Appeals, Fifth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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