United States v. Sam, et al

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-31048
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES M. SAM, SR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:96-CR-60002-2
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
James M. Sam, Sr., federal prisoner # 09186-035, seeks to
appeal from an order of the district court construing the motion
he titled “Defendant’s Motion to Correct Illegal Sentence;
District Court Imposed Sentence Beyond the Legal Jurisdiction” as
a successive 28 U.S.C. § 2255 application and transferring it to
this court. Sam argues that his sentence was based, in part,
upon a prior conviction that did not exist.

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No. 02-31048
-2-
Sam is attempting to appeal an order of the district court
transferring his motion to this court. We lack jurisdiction to
hear an appeal from the district court’s transfer order. See
Brinar v. Williamson, 245 F.3d 515, 517-18 (5th Cir. 2001).
Therefore, the appeal is dismissed.
APPEAL DISMISSED.

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