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U.S. v. WEST

No. 00-50069.

240 F.3d 456 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Dee Ann West, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 26, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret Feuille Leachman (argued), San Antonio, TX, for Plaintiff-Appellee.

Kent A. Schaffer, Steven Jeffrey Lieberman (argued), Bires & Schaffer, Houston, TX, for Defendant-Appellant.

Before BARKSDALE and BENAVIDES, Circuit Judges, and VELA, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this out-of-time direct criminal appeal granted Dee Ann West, pursuant to her § 2255 motion, primarily at issue is whether her notice of appeal is premature because, after granting the appeal, the district court did not re-enter the underlying judgment for her conviction and sentence. If it is premature, we have no jurisdiction concerning the two issues for which the appeal was granted: whether...

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