IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11004
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THOMAS FREDRICK MCBRIDE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:97-CR-32-1-BE
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June 17, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
This court must examine the basis of its jurisdiction on its
own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). We conclude that we are without jurisdiction in this
criminal misdemeanor case.
A federal magistrate judge’s judgment of conviction and
sentence may be appealed only to a federal district court. 18
U.S.C. § 3402; Fed. R. Crim. P. 58(g)(2); see United States v.
Baxter, 19 F.3d 155, 156 (4th Cir. 1994). Accordingly, we lack
*
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that this opinion should not be published and is not precedent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.
No. 97-11004
-2-
jurisdiction.
This appeal is transferred to the district court rather than
dismissed for lack of jurisdiction. Pursuant to 28 U.S.C.
§ 1631, this court has the power to transfer an appeal, if it is
in the interest of justice, to that court which, on the day that
the appeal was filed, had jurisdiction over the matter. See In
re Exclusive Indus. Corp., 751 F.2d 806, 808-09 (5th Cir. 1985).
It is in the interest of justice to transfer the appeal because,
if the appeal were dismissed, the defendant would be denied the
opportunity to appeal his criminal conviction and sentence. Any
appeal to the district court at this time would not be taken
within ten days of entry of judgment as required by Rule
58(g)(2)(B).
IT IS ORDERED that the appeal is TRANSFERRED to the United
States District Court for the Northern District of Texas.