United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-30874
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LORENZO JEFFERSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 94-CR-50069-2
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Lorenzo Jefferson, federal prisoner # 08786-035, filed a
pleading styled “Motion for Writ of Mandamus to Correct
Jurisdictional Defect and Unlawful Sentence.” The district court
denied the motion, concluding that Jefferson was attempting to
circumvent restrictions on the filing of successive motions under
28 U.S.C. § 2255. Jefferson contends that his motion raises
issues which may be raised at any time because they put at issue
the trial court’s jurisdiction.
*
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this opinion should not be published and is not precedent except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. 03-30874
-2-
Because Jefferson’s Motion for Writ of Mandamus attacked
errors that occurred at trial or sentencing, it was properly
construed by the district court as a motion under 28 U.S.C.
§ 2255. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir.
2000); see also United States v. Rich, 141 F.3d 550, 551 (5th
Cir. 1998). Jefferson has already applied for relief under 28
U.S.C. § 2255, to no avail, and this court has refused to permit
Jefferson to file a second or successive § 2255 motion. Because
Jefferson has not obtained leave of this court to file a second
or successive § 2255 motion, the district court did not have
jurisdiction to consider Jefferson’s motion. See United States
v. Key, 205 F.3d 773, 774 (5th Cir. 2000). The district court’s
order is
AFFIRMED.