USA vs. Martinez-Gil, (5th Cir. 2003)

Docket Number: 03-50759

Linked as:

Text

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals Fifth Circuit FILED December 19, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-50759 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERT MARTINEZ-GIL, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. SA-91-CR-318-4 Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM: * Following a jury trial, Robert Martinez-Gil, prisoner number 24434-149, was convicted of one count of conspiracy to possess heroin and cocaine with intent to deliver. The district court sentenced him to life in prison. This court affirmed his conviction and sentence on direct appeal, and his 28 U.S.C. § 2255 motion to vacate his sentence was unsuccessful. Martinez-Gil§ 2255 motion were likewise unavailing. Martinez-Gil then filed a § 851 enhancement information for lack of service§ 2255, and he also moves this court for a writ of mandamus ordering the district court to vacate his life sentence.

Martinez-Gil has not shown that the distr ict court erred in determining that his motion, which raised a thinly disguised challenge to his sentence, was really an attempt to bring an unauthorized successive 28 U.S.C. § 2255 motion. See Tolliver v. Dobre , 211 F.3d 876, 877 (5th Cir. 2000). Because Martinez-Gil had not obtained this courtÂ’s authorizati on to file this motion, the district court did not err in dismissing Martinez-GilÂ’s case. S ee United States v. Key , 205 F.3d 773, 774 (5th Cir. 2000). The judgment of the district court is AFFIRMED, and Martine z-GilÂ’s motion for a writ of mandamus is DENIED.

No. 03-50759