Filed: Jun. 15, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 15, 2006 Charles R. Fulbruge III Clerk No. 05-10764 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. OSAMA ODEH Defendant - Appellant - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:97-CR-105-6 - Before KING, WIENER and DeMOSS, Circuit Judges. PER CURIAM:* Osaham Odeh appeals the district court’s denial of his motion
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 15, 2006 Charles R. Fulbruge III Clerk No. 05-10764 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. OSAMA ODEH Defendant - Appellant - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:97-CR-105-6 - Before KING, WIENER and DeMOSS, Circuit Judges. PER CURIAM:* Osaham Odeh appeals the district court’s denial of his motion ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 15, 2006
Charles R. Fulbruge III
Clerk
No. 05-10764
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
OSAMA ODEH
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:97-CR-105-6
--------------------
Before KING, WIENER and DeMOSS, Circuit Judges.
PER CURIAM:*
Osaham Odeh appeals the district court’s denial of his
motion under 28 U.S.C. § 1651 to vacate sentence by a person not
in federal custody wherein he sought to challenge his 1998
guilty-plea conviction for misprison of a felony. Odeh argues
that the district court should have construed his filing as a
motion based on “fraud upon the court” which may be brought at
any time.
*
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this opinion should not be published and is not precedent except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.
No. 05-10764
-2-
To establish fraud upon the court, a petitioner is required
to show an “unconscionable scheme or plan which is designed to
improperly influence the court in its discretion.” Fierro v.
Johnson,
197 F.3d 147, 154 (5th Cir. 1999). Generally, “only the
most egregious conduct, such as the bribery of a judge, or the
fabrication of evidence by a party in which an attorney is
implicated,” will satisfy this standard.
Id.
Odeh’s unsupported allegations are insufficient to bring an
action based upon fraud upon the court. See
id. at 154.
Accordingly, we do not examine Odeh’s assertion that he had sound
reasons for not bringing his fraud-upon-the-court claim earlier.
Odeh also argues that the district court never secured
lawful jurisdiction over his motion and thus its denial of his
motion is without effect. This assertion is utterly without
merit. This appeal is without arguable merit; it is dismissed as
frivolous. See 5TH CIR. R. 42.2.
Odeh has filed numerous frivolous and unnecessary motions in
this court. In his filings, Odeh suggests that a judge of this
court is guilty of deceit and manipulation. Odeh also casts
aspersions upon this court’s clerk. This is contumacious
conduct. See Coghlan v. Starkey,
852 F.2d 806, 808 (5th Cir.
1988). Odeh is hereby ordered to show cause, within 20 days of
the date of this opinion, why a sanction in the amount of $500
and a restriction on his access to this court should not be
imposed.
No. 05-10764
-3-
APPEAL DISMISSED AS FRIVOLOUS, APPELLANT ORDERED TO SHOW
CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED.