Filed: Dec. 14, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20427 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALFREDO JIMENO, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-88-CR-269-1 - December 14, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* In 1989, Alfredo Jimeno pleaded guilty to one count of conspiracy to possess with intent to distribute in excess of five
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20427 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALFREDO JIMENO, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-88-CR-269-1 - December 14, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* In 1989, Alfredo Jimeno pleaded guilty to one count of conspiracy to possess with intent to distribute in excess of five ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20427
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALFREDO JIMENO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-88-CR-269-1
--------------------
December 14, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
In 1989, Alfredo Jimeno pleaded guilty to one count of
conspiracy to possess with intent to distribute in excess of five
kilograms of cocaine, and was sentenced in accordance with a plea
agreement to 262 months imprisonment, a five-year term of
supervised release, and a $50 special assessment. In February
1999, Jimeno filed a motion for reduction of sentence. As
authority for his motion, Jimeno cited Fed. R. Crim. P. 35(b) and
18 U.S.C. § 3553(e), which authorize a district court, upon
motion of the Government, to reduce a defendant’s sentence to
*
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this opinion should not be published and is not precedent except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.
No. 99-20427
-2-
reflect the defendant’s substantial assistance in investigating
or prosecuting another person. The district court dismissed the
motion and denied Jimeno’s subsequent motion for reconsideration.
Because the district court was without jurisdiction to
consider Jimeno’s motion, we affirm. Section 3553(e) is the
statutory authority for imposing an original sentence below the
statutory minimum for substantial assistance “[u]pon motion of
the Government.” 18 U.S.C. § 3553(e) (emphasis added). Rule
35(b) operates after imposition of the original sentence, but
that rule was amended in 1987 to provide that only the Government
can file a motion for reduction of a defendant’s sentence. See
Rule 35(b), historical note, 1991 amendment. By the plain
language of the amended Rule 35(b), resentencing is permitted
only on the Government’s motion. United States v. Early,
27 F.3d
140, 141 (5th Cir. 1994) (citations omitted). Thus, the district
court did not have jurisdiction to entertain Jimeno’s motion to
reduce his sentence.
AFFIRMED.