United States v. Miguel Carvajal, 989 F.2d 170 (5th Cir. 1993). · Go Syfert
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United States v. Miguel Carvajal, 989 F.2d 170 (5th Cir. 1993). Cases Citing This Book View Copy Cite
30 citation events (29 in the last 25 years) across 3 distinct courts.
Strongest positive: Modica v. United States (txnd, 2025-10-03)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
cited Cited as authority (rule) Modica v. United States
N.D. Tex. · 2025 · confidence medium
See Rector v. Johnson, 120 F.3d 551, 562 (5th Cir. 1997); United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993).
discussed Cited as authority (rule) Garza v. United States (2×) also: Cited "see, e.g."
S.D. Tex. · 2025 · signal: cf. · confidence medium
Dkt. 203 at 6; cf. Carvajal, 989 F.2d at 170 (dismissing an appeal as frivolous where the defendant failed to allege any irregularity in grand jury proceedings in either his § 2255 motion or his motion for grand jury transcripts).
discussed Cited as authority (rule) Gibbs v. The State of Texas (2×) also: Cited "see"
N.D. Tex. · 2021 · confidence medium
But “[t]he records will not be provided where a movant contends that he needs them to formulate a claim or to review for facts that may support a potential habeas petition.” Id. (citing United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993)).
discussed Cited as authority (rule) John Newton v. United States
5th Cir. · 2018 · confidence medium
His general assertions of improprieties in his criminal prosecution, and his contention that an evidentiary hearing is needed, are reflective of an impermissible “fishing expedition to see if he can find something in the grand 2 Case: 17-11195 Document: 00514576827 Page: 3 Date Filed: 07/30/2018 No. 17-11195 jury [records] that might support further relief[.]” United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993).
discussed Cited as authority (rule) United States v. Johnny Garcia-Esparza
5th Cir. · 2017 · confidence medium
To the contrary, his vague request amounts to an impermissible “fishing expedition to see if he can find something in the grand jury [records] that might support further relief.]” United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993).
cited Cited as authority (rule) United States v. Davis
5th Cir. · 2004 · confidence medium
United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993).
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. LOUIS CASTRO
unknown court · confidence medium
United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993); United States v. Cates, 952 F.2d 149, 152 (5th Cir.), cert. denied, 112 S.Ct. 2319 (1992); Earvin v. Lynaugh, 860 F.2d 623, 627-28 (5th Cir. 1988), cert. denied, 109 S.Ct. 1558 (1989); United States v. Houston, 745 F.2d 333, 334 (5th Cir. 1984), cert. denied, 105 S.Ct. 1369 (1985); Hall v. Maggio, 697 F.2d 641, 643 (5th Cir. 1983); United States v. McKnight, 693 F.2d 476 (5th Cir. 1982).
cited Cited "see" McBride v. Guerrero
5th Cir. · 2026 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970).
discussed Cited "see" Sanchez v. United States
N.D. Tex. · 2022 · signal: see · confidence high
See United States v. Caravajal, 989 F.2d 170 (5th Cir.1993); see also United States v. Herrera, 474 F.2d 1049, 1049-50 (5th Cir.1974) (“This Court has consistently held that a federal prisoner is not entitled to obtain copies of court records at the government’s expense to search for possible defects merely because he is indigent.”); Walker v. United States, 424 F.2d 278, 278 (5th Cir. 1970) (same).
examined Cited "see" United States v. Hernandez-Cuellar (3×)
5th Cir. · 2021 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993).
cited Cited "see" United States v. Dennis Hagan
5th Cir. · 2018 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993).
examined Cited "see" Charles Walton v. Lorie Davis, Director (3×)
5th Cir. · 2018 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993) ( 28 U.S.C. § 2255 case).
cited Cited "see" United States v. Richard Bouldin
5th Cir. · 2014 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993).
cited Cited "see" United States v. Herman Stevenson, III
5th Cir. · 2011 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993).
cited Cited "see" United States v. Detroit Hines
5th Cir. · 2010 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993).
cited Cited "see" United States v. Driver
5th Cir. · 2009 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
cited Cited "see" United States v. Padilla
5th Cir. · 2009 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993).
cited Cited "see" United States v. Clark
5th Cir. · 2008 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993).
cited Cited "see" United States v. Peralta-Ramirez
5th Cir. · 2008 · signal: see · confidence high
See United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
discussed Cited "see, e.g." United States v. Haim
5th Cir. · 2025 · signal: see also · confidence medium
Ray McDermott & Co., we reversed a district court’s order permitting disclosure because the justification for the request involved “a judicial proceeding [that was] only a possibility,” much as it appears to be before us in the present case. 622 F.2d 166 (5th Cir. 1980); see also United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993) (holding that a party may not request grand jury discovery to “now conduct a fishing expedition to see if he can find something in the grand jury minutes that might support further relief”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Miguel CARVAJAL, Defendant-Appellant
92-7451.
Court of Appeals for the Fifth Circuit.
Mar 17, 1993.
989 F.2d 170
Miguel Carvajal, pro se., Peggy Ronca, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, TX, for plaintiff-appellee.
King, Higginbotham, Davis.
Cited by 20 opinions  |  Published
PER CURIAM:

Miguel Carvajal appeals the district court’s denial of his motion for grand jury transcripts. His appeal is frivolous. See 5th Cir.Loc.R. 42.2.

Carvajal provides no jurisdictional basis for his motion to inspect the grand jury minutes. The judgment convicting Carva-jal has been entered. He did not directly appeal that judgment. The merits of his § 2255 motion have also been addressed by the district court and dismissed when the district court denied his motion. Because the cause was terminated, the district court lacked jurisdiction to grant his motion requesting grand jury transcripts. See, e.g., First Nationwide Bank v. Summer House Joint Venture, 902 F.2d 1197, 1199 (5th Cir.1990).

More important, Carvajal did not allege in his § 2255 motion, nor does he now specifically allege, any irregularity in the grand jury proceedings. It is well established that this Court need not consider arguments on appeal that were not raised before the district court in a § 2255 petition. See United States v. Cates, 952 F.2d 149, 152 (5th Cir.), cert. denied, — U.S. -, 112 S.Ct. 2319, 119 L.Ed.2d 238 (1992). Grand jury proceedings are normally secret; Carvajal cannot now conduct a fishing expedition to see if he can find something in the grand jury minutes that might support further relief under § 2255. See United States v. Short, 671 F.2d 178, 183-187 (6th Cir.), cert. denied, 457 U.S. 1119, 102 S.Ct. 2932, 73 L.Ed.2d 1332 (1982).

The appeal is DISMISSED as frivolous.