United States v. Johnson
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 7, 2026
Docket26-40102
StatusUnpublished
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Full Opinion
Case: 26-40102 Document: 60-1 Page: 1 Date Filed: 10/07/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-40102 October 7, 2026
____________
Thomas B. Plunkett, III
Clerk
United States of America,
Plaintiff—Appellee,
versus
Corey Johnson,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:20-CR-77-1
______________________________
Before Clement, Oldham, and Douglas, Circuit Judges.
Per Curiam:*
Corey Johnson was convicted of eight counts of sex trafficking and
conspiracy-related offenses in May 2025 and has yet to be sentenced. Due to
his “voluminous” pro se filings, the district court has restricted his ability to
file letters and motions other than those pertaining to sentencing. Johnson
seeks to appeal the district court’s order. Because we lack jurisdiction, we
DISMISS Johnson’s appeal.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 26-40102
While awaiting sentencing, Johnson, representing himself, filed
motions seeking discovery and trial transcripts. A magistrate judge granted
the motions in part and denied them in part. In an order overruling Johnson’s
objections to the magistrate judge’s order, the district court noted that
Johnson’s “voluminous filings [were] materially impairing the efficient
administration of this case,” and described Johnson’s 13 letters and at least
21 pro se motions filed after the jury verdict, including requests for
information to contest his guilt. Stating that “it [would] not entertain further
filings seeking to attack the jury verdict,” the district court also ordered
Johnson to seek leave from the court before filing additional letters or
motions. The district court specified that Johnson would have one
opportunity to seek leave, and that Johnson’s motion seeking leave would be
subject to certain length and content requirements. The district court
specified that its order did not apply to filing motions or documents
pertaining to sentencing. Johnson filed a timely notice of appeal from the
order.
On appeal, Johnson asserts that the district court erred by sua sponte
imposing a pre-filing injunction without giving him notice or opportunity to
oppose the injunction. As a preliminary matter, the Government argues that
our court lacks jurisdiction over Johnson’s interlocutory appeal of the district
court’s order imposing filing restrictions.
We agree with the Government. In general, our court’s jurisdiction
in criminal cases is limited to final decisions of the district court. See 28
U.S.C. § 1291. This “final judgment rule” thus normally “prohibits
appellate review until conviction and imposition of sentence.” Flanagan v.
United States, 465 U.S. 259, 263 (1984). Johnson asserts that we nonetheless
have jurisdiction under 28 U.S.C. § 1292(a)(1), which confers jurisdiction
over appeals from “[i]nterlocutory orders . . . granting, continuing,
modifying, refusing or dissolving injunctions, or refusing to dissolve or
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modify injunctions.” Our court, however, “has approached this statute
somewhat gingerly lest a floodgate be opened that permits immediate appeal
over too many nonfinal orders.” Anderson v. Hutson, 114 F.4th 408, 415 (5th
Cir. 2024) (citation modified). We decline to open the floodgates here.
First, “[a]n order by a federal court that relates only to the conduct or
progress of the litigation before that court ordinarily is not considered an
injunction and therefore is not appealable under § 1292(a)(1).” Gulfstream
Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 279 (1988); see also Jackson
v. Lesatz, No. 20-1027, 2020 WL 1807966, at *1 (6th Cir. Mar. 27, 2020)
(unpublished) (holding that the court of appeals lacked jurisdiction over a
district court’s order restricting a habeas petitioner from filing further
motions or pleadings without leave of the court). This fits with the more
general rule that “[a]ppeal gives the upper court a power of review, not one
of intervention.” Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546
(1949). The Government persuasively distinguishes cases where we have
construed more expansive filing restrictions as injunctions subject to appeal.
See, e.g., Baum v. Blue Moon Ventures, LLC, 513 F.3d 181, 184, 189 (5th Cir.
2008) (exercising jurisdiction over an order barring the plaintiffs from filing
new claims in the state of Texas without leave from the court).
Second, even assuming that the district court’s order requiring
Johnson to move for leave to file further motions or letters was an injunction
under § 1292(a)(1), “a party challenging an interlocutory order must [also]
show serious, perhaps irreparable, consequences, because the § 1292(a)(1)
exception is a narrow one.” Anderson, 114 F.4th at 415 (citation modified).
Johnson has not done so here. As the district court’s order made clear,
Johnson faces no restrictions on his ability to submit filings pertaining to his
upcoming sentencing, including “objections to any sentencing report,
recommendation, or memorandum.” The district court’s order was directed
at “filings seeking to attack the jury verdict,” and made exceptions for all
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filings “expressly authorized” by law. Consistent with this language,
Johnson has made filings related to his sentencing after the district court
issued its order, including objections to his Presentence Report. Johnson’s
ability to submit ordinary filings appropriate to the post-trial phase of his
criminal case shows that he faces no consequences “greater than the harm
suffered by any litigant forced to wait until the termination of the
[proceedings] before challenging interlocutory orders it considers
erroneous.” Sherri A.D. v. Kirby, 975 F.2d 193, 204 n.15 (5th Cir. 1992)
(citation modified). Thus, he faces no unusual burden from the interlocutory
order he seeks to challenge, and the narrow § 1292(a)(1) exception to the final
judgment rule does not apply.
Because we do not have jurisdiction to consider Johnson’s challenge
to the district court’s order, we DISMISS the appeal.
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