United States v. Guerra

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 19, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21219
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ONOFRE GUERRA, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-91-CR-59-2
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Onofre Guerra, federal prisoner # 02826-043, appeals from
the district court’s order denying his motion to correct or
modify his sentence. Guerra argues that the plea agreement was
invalid and that his misprision of the felony conviction could
not be used as a sentencing enhancement for his instant drug and
money laundering conviction. Guerra has filed a meaningless,
unauthorized motion, which the district court should have
dismissed for lack of jurisdiction. See United States v. Early,

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No. 02-21219
-2-
27 F.3d 140, 142 (5th Cir. 1994). This court affirms the
judgment on this alternative basis. See id.
AFFIRMED.

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