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United States v. Antonio Ramirez-Olvera
16-11210
| 5th Cir. | May 12, 2017
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Docket

*1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.

PER CURIAM: [*]

Antonio De Jesus Ramirez-Olvera appeals from the denial of a postconviction pleading in which he purported to reserve the right to challenge his conviction and sentence under Johnson v. United States , 135 S. Ct. 2551 (2015). Ramirez-Olvera, in essence, sought 28 U.S.C. § 2255 relief. Thus, his pleading was an unauthorized successive § 2255 motion that the district court lacked jurisdiction to entertain, and he has appealed from the denial of a *2 Case: 16-11210 Document: 00513991568 Page: 2 Date Filed: 05/12/2017

No. 16-11210

meaningless motion. See United States v. Key , 205 F.3d 773, 774 (5th Cir. 2000); United States v. Early , 27 F.3d 140, 142 (5th Cir. 1994). Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Antonio Ramirez-Olvera
Court Name: Court of Appeals for the Fifth Circuit
Date Published: May 12, 2017
Docket Number: 16-11210
Court Abbreviation: 5th Cir.
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