United States v. Batey

* 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this opinion should not be published and is not precedent except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
April 11, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-60945
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HELEN MARIE BATEY, also known as Seall, also
known as Helen Marie Cherry,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:00-CR-4-1-GRo
--------------------
Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Helen Marie Batey, federal prisoner # 05451-043, appeals the
district court’s denial of her motion seeking a modification in
her sentence by compelling the Government to file a motion under
FED. R. CRIM. P. 35(b). The district court may modify the imposed
term of imprisonment under limited circumstances. 18 U.S.C.
§ 3582(c). Because Batey’s motion did not fall under any of the
provisions of 18 U.S.C. § 3582(c), it was unauthorized and
without jurisdictional basis. United States v. Early, 27 F.3d

-- 1 of 2 --

No. 04-60945
-2-
140, 141-42 (5th Cir. 1994). Accordingly, on that alternative
basis, the district court’s order is AFFIRMED.

-- 2 of 2 --