Filed: Sep. 24, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-20685 No. 95-20839 No. 96-20314 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BEN EARSAL SALISBURY, Defendant-Appellant. - - - - - - - - - - Appeals from the United States District Court for the Southern District of Texas USDC No. CR-H-95-19 - - - - - - - - - - August 28, 1996 Before KING, STEWART and PARKER, Circuit Judges. PER CURIAM:* This court must examine the basis of its jurisdiction on its own motion if necessary.
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-20685 No. 95-20839 No. 96-20314 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BEN EARSAL SALISBURY, Defendant-Appellant. - - - - - - - - - - Appeals from the United States District Court for the Southern District of Texas USDC No. CR-H-95-19 - - - - - - - - - - August 28, 1996 Before KING, STEWART and PARKER, Circuit Judges. PER CURIAM:* This court must examine the basis of its jurisdiction on its own motion if necessary. M..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-20685
No. 95-20839
No. 96-20314
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BEN EARSAL SALISBURY,
Defendant-Appellant.
- - - - - - - - - -
Appeals from the United States District Court
for the Southern District of Texas
USDC No. CR-H-95-19
- - - - - - - - - -
August 28, 1996
Before KING, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
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). In these criminal proceedings, Ben Earsal Salisbury
has appealed the district court’s denial of various pre-trial
motions, the district court’s declaration of a mistrial, and the
district court’s determination that he is incompetent to stand
trial at this time. Salisbury’s appellate briefs do not comply
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-20685 & No. 95-20839 & No. 96-20314
- 2 -
with Fed. R. App. P. 28. Grant v. Cuellar,
59 F.3d 523, 524 (5th
Cir. 1995). The order denying Salisbury’s pre-trial motions is
not an appealable order. Flanagan v. United States
465 U.S.
2592, 263 (1984). The order determining Salisbury’s competency
to stand trial is also not an appealable order. See United
States v. Eicke, No. 95-10433 (5th Cir. Aug. 15,
1995)(unpublished).
Salisbury also appeals the district court’s order granting a
mistrial. He argues that the district court judge was prejudiced
against him because he was appointed by President Bush. A
reasonable person would not have a rational basis for questioning
the judge’s impartiality during the trial solely because he was
appointed by President Bush. See United States v. Devine,
934
F.2d 1325, 1348 (5th Cir. 1991), cert. denied,
502 U.S. 1065
(1992).
APPEAL DISMISSED.