United States v. Alvarado-Palma

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50609
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELMER GONZALO ALVARADO-PALMA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-1065-ALL-DB
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Elmer Gonzalo Alvarado-Palma (“Alvarado”) pled guilty to
illegal re-entry under 8 U.S.C. § 1326. As a result of a 1997
conviction for possession of cocaine for sale, his offense level
was increased by 16 levels under U.S.S.G. § 2L1.2(b)(1)(A). He
appeals his sentence, urging that the 2001 guidelines be used and
that under those guidelines, the sentence increase should not be
applied.

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No. 02-50609
-2-
However, the district court lacked the jurisdiction to
consider Alvarado’s late motion to reconsider. United States v.
Cook, 670 F.2d 46, 48-49 (5th Cir. 1982). Moreover, the record
reflects that the district court properly applied the 2001
version of the Sentencing Guidelines. The sentence imposed by
the district court is affirmed.
AFFIRMED.

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