USA v. Youngblood, No. 04-50603 (5th Cir. 2006)

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Download PDF United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 10, 2006 Charles R. Fulbruge III Clerk No. 04-50603 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALBERTO TOMAS YOUNGBLOOD, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 6:02-CR-86-ALL -------------------Before GARWOOD, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Alberto Youngblood appeals from the district court s order denying his motion to dismiss the Government s request for discovery and directing Youngblood to answer the Government s discovery. This court must examine the basis of its jurisdiction on its own motion if necessary. Cir. 1997). Mosley v. Cozby, 813 F.2d 659, 660 (5th Orders directing or denying discovery are not final decisions within the meaning of 28 U.S.C. § 1291 and are not * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-50603 -2appealable except under limited circumstances not presented in this case. See Branch v. Phillips Petroleum Co., 638 F.2d 873, 877-78 (5th Cir. 1981). APPEAL DISMISSED.