Filed: Apr. 10, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50383 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RANDOLFO ROMERO-CICLE, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CR-133-1-OLG - April 10, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Randolfo Romero-Cicle, federal prisoner # 79245-079, appeals the district court’s denial of his 18 U.S.C. § 3582(c)
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50383 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RANDOLFO ROMERO-CICLE, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CR-133-1-OLG - April 10, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Randolfo Romero-Cicle, federal prisoner # 79245-079, appeals the district court’s denial of his 18 U.S.C. § 3582(c) m..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50383
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RANDOLFO ROMERO-CICLE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-98-CR-133-1-OLG
--------------------
April 10, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Randolfo Romero-Cicle, federal prisoner # 79245-079, appeals
the district court’s denial of his 18 U.S.C. § 3582(c) motion to
modify his sentence based upon amendments to the Sentencing
Guidelines. He argues that he was entitled to a two-level
adjustment to his offense level under U.S.S.G. § 2D1.1(b)(6) and
that the district court erroneously imposed a five-year
supervised release term even though Romero met the criteria under
U.S.S.G. § 5C1.2.
*
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that this opinion should not be published and is not precedent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. 00-50383
-2-
Romero’s postjudgment motion was not based upon amendments
to the Guidelines following his sentence. His § 3582 motion was
thus unauthorized, and the district court did not have
jurisdiction to entertain it. See United States v. Early,
27
F.3d 140, 142 (5th Cir. 1994). Furthermore, Romero received a
two-level adjustment under U.S.S.G. § 2D1.1(b)(6), and his five-
year term of supervised release was imposed in accordance with
U.S.S.G. § 5D1.2(a)(1). See U.S.S.G. § 5D1.2, comment. (n.1).
AFFIRMED.