Case Information
*1 Case: 24-40542 Document: 41-1 Page: 1 Date Filed: 03/20/2025
United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 24-40542 March 20, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America,
Plaintiff—Appellee , versus
Clarence Roland,
Defendant—Appellant . ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:17-CR-177-2 ______________________________ Before Jones, Duncan, and Douglas, Circuit Judges .
Per Curiam: [*]
Clarence Roland seeks appointment of counsel in this appeal of the denial of his motion for reconsideration of an order dismissing a criminal indictment and superseding indictment against him without prejudice. Because we lack jurisdiction, we dismiss the appeal.
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[*] This opinion is not designated for publication. See 5th Cir. R. 47.5. *2 Case: 24-40542 Document: 41-1 Page: 2 Date Filed: 03/20/2025
No. 24-40542 We must examine our jurisdiction sua sponte. See Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). The order dismissing the indictment and superseding indictment without prejudice is not an appealable final judgment under 28 U.S.C. § 1291. See United States v. Day , 806 F.2d 1240, 1242 (5th Cir. 1986); see also United States v. Martin , 682 F.2d 506, 507-08 (5th Cir.
1982). The order denying Roland’s motion for reconsideration of that order is not an appealable order for the same reasons. See Zimmerman v. Int’l Cos.
& Consulting, Inc. , 107 F.3d 344, 347 (5th Cir. 1997), abrogated on other grounds by Arthur Andersen LLP v. Carlisle , 556 U.S. 624 (2009). Thus, we lack jurisdiction over the appeal. Accordingly, the appeal is DISMISSED , and the motion for appointment of counsel is DENIED .
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