Filed: Dec. 05, 1997
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10379 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus OTHNIEL MCKINNEY, SR., Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:96-CV-373 - - - - - - - - - - November 24, 1997 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges. PER CURIAM:* Othniel McKinney, Sr., appeals the magistrate judge’s denial of his motion for release
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10379 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus OTHNIEL MCKINNEY, SR., Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:96-CV-373 - - - - - - - - - - November 24, 1997 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges. PER CURIAM:* Othniel McKinney, Sr., appeals the magistrate judge’s denial of his motion for release o..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10379
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OTHNIEL MCKINNEY, SR.,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:96-CV-373
- - - - - - - - - -
November 24, 1997
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Othniel McKinney, Sr., appeals the magistrate judge’s denial
of his motion for release on bond pending the disposition of his
28 U.S.C. § 2255 motion. Because McKinney failed to appeal the
magistrate judge’s order denying release on bond to the district
court, this court has no jurisdiction to consider the ruling.
See Boren v. N.L. Indus., Inc., 889 F.2d 1463, 1465 (5th Cir.
1989). Accordingly, the appeal is DISMISSED. McKinney’s motion
for the appointment of counsel is DENIED.
*
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that this opinion should not be published and is not precedent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.
