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422 F. App'x 352

John Wyatt v. M. Bragg

U.S. Courts of Appeals

Decided April 15, 2011

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U.S. Courts of Appeals · decided 2011-04-15

Cited by 1 later decisions — most recently March 2012

1 federal appellate ·

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Begay v. United States · Chambers v. United States · Mosley v. Cozby

Good law ✅— No negative treatment on recordhow we know

Decided 2011-04-15

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*353 PER CURIAM: *

¶1 John M. Wyatt, federal prisoner # 04900-051, was convicted of possession with intent to distribute over 100 kilograms of marijuana and was sentenced as a career offender to 262 months in prison. In the district court, he filed a 28 U.S.C. § 2241 petition challenging his career offender characterization in light of Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), and Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009). He appeals the district court’s construction of this petition as a successive 28 U.S.C. § 2255 motion and its transfer of the case to the Seventh Circuit.

¶2 If necessary, we must examine the basis of our jurisdiction sua sponte. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). The district court’s transfer order was a nonappealable interlocutory order. See Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir.2001). We are without jurisdiction to consider the present appeal. See id. Consequently, this appeal is DISMISSED for lack of jurisdiction. All outstanding motions are DENIED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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