Court of Appeals for the Fifth Circuit September 23, 2004, No. 04-30221 (Eyer v. Evans)

PER CURIAM: *

As there is a fact issue as to whether Eyer was ever in active or constructive possession of the marijauna, this court does not have jurisdiction. See Kinney v. Weaver, 301 F.3d 253, 261-62 (5th Cir.2002); Lemoine v. New Horizons Ranch and Center, Inc., 174 F.3d 629, 633-34 (5th Cir.1999). DISMISSED.

Pursuant to 5th Cir. R. 47.