Filed: Sep. 03, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41402 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE ONELIO RIOS, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas USDC No. C-97-CR-250-7 _ September 2, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Jose Onelio Rios, federal prisoner No. 78248-079, appeals the district court’s denial of his motion to modify his sentence pursu
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41402 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE ONELIO RIOS, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas USDC No. C-97-CR-250-7 _ September 2, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Jose Onelio Rios, federal prisoner No. 78248-079, appeals the district court’s denial of his motion to modify his sentence pursua..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41402
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ONELIO RIOS,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CR-250-7
_________________________________________________________________
September 2, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jose Onelio Rios, federal prisoner No. 78248-079, appeals the
district court’s denial of his motion to modify his sentence
pursuant to 18 U.S.C. § 3582(c). Rios contends that he is entitled
to a sentence reduction because his sentence was based on a
guideline range that has subsequently been lowered.
After careful review of the record and the briefs, we find no
indication that Rios’s sentence was based on a guideline sentencing
range that has since been lowered. Furthermore, this case does not
involve circumstances that would otherwise trigger the district
*
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this opinion should not be published and is not precedent except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.
court’s discretionary authority to modify a sentence under 18
U.S.C. § 3582(c). Accordingly, Rios’s § 3582(c) motion for
reduction of his sentence was “an unauthorized motion which the
district court was without jurisdiction to entertain.” United
States v. Early,
27 F.3d 140, 142 (5th Cir. 1994). For this
reason, the judgment of the district court is
A F F I R M E D.