Matthew Scott Dowell was convicted of conspiracy to advertise child pornography and sentenced to 180 months of imprisonment followed by lifetime supervised release. After the judgment was entered, Dowell filed a post-judgment motion to dismiss all charges and a subsequent motion for reconsideration of that denial. The Government moved to dismiss the appeal or, alternatively, for an extension of time to file a brief. Dowell also moved for the appointment of counsel. The district court had denied these motions, prompting this appeal to the Fifth Circuit.
The Fifth Circuit emphasized its duty to sua sponte consider the basis of its own jurisdiction. The court found that Dowell's motion to dismiss all charges was filed more than one year after the entry of the amended judgment, well past the expiration of any appeal period under Federal Rule of Appellate Procedure 4(b). Because the criminal proceeding was no longer pending, the motion was unauthorized and without a jurisdictional basis under Federal Rule of Criminal Procedure 12(b)(2)-(3). Citing United States v. Early, the court reasoned that an appeal from the denial of such a motion is an appeal from a 'meaningless, unauthorized motion.' This reasoning applied equally to Dowell's motion for reconsideration of the denial of the initial motion.
The appeal is dismissed as frivolous, and the Government's motion to dismiss is granted. Dowell's motion for appointment of counsel is denied. The decision reinforces that post-judgment motions filed after the expiration of the appeal period are jurisdictionally barred, preventing appellate review of such untimely filings.
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