Filed: Jan. 12, 2009
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 12, 2009 No. 08-51159 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. CHARMAINE D WHEELER Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:03-CR-304 Before HIGGINBOTHAM, ELROD, and HAYNES, Circuit Judges. PER CURIAM:* The defendant in this criminal prosecution was convicted of possession wi
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 12, 2009 No. 08-51159 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. CHARMAINE D WHEELER Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:03-CR-304 Before HIGGINBOTHAM, ELROD, and HAYNES, Circuit Judges. PER CURIAM:* The defendant in this criminal prosecution was convicted of possession wit..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 12, 2009
No. 08-51159 Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CHARMAINE D WHEELER
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:03-CR-304
Before HIGGINBOTHAM, ELROD, and HAYNES, Circuit Judges.
PER CURIAM:*
The defendant in this criminal prosecution was convicted of possession
with intent to distribute cocaine. This court dismissed her direct appeal for lack
of jurisdiction. United States v. Wheeler, No. 04-50987 (5th Cir. November 3,
2004). She then filed a motion to vacate her sentence, which the district court
denied on July 21, 2005. No appeal was taken. On April 17, 2007, she filed a
motion for reduction of her sentence pursuant to 18 U.S.C. § 3582(c)(2). The
district court denied the motion on November 28, 2007. She then filed a series
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.
of motions attempting to force the government to turn over various documents,
including a motion to compel discovery. The district court denied all the
motions, the last one on October 17, 2008. The defendant then filed a notice of
appeal on November 3, 2008. As the district court found, the purported motion
in a closed case is “a meaningless, unauthorized motion” with no statutory or
legal basis. United States v. Early,
27 F.3d 140, 142 (5th Cir. 1994).
AFFIRMED.