United States v. Jaimes-Jaimes

* 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that this opinion should not be published and is not precedent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 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-51055
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO JAIMES-JAIMES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-99-CR-155-All-JN
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Arturo Jaimes-Jaimes (Jaimes), federal prisoner No. 95190-
080, has appealed the district court’s denial of his “Motion for
Downward Departure Based on Post-Conviction Rehabilitation and
Alien Status.” He contends that the district court had
jurisdiction to reduce his sentence pursuant to United States v.
Galante, 111 F.3d 1029, 1034 (2d Cir. 1997) and other cases which
have held that a district court may consider post-conviction

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No. 02-51055
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rehabilitation in determining whether to grant a downward
departure.
The district court is prohibited from modifying a term of
imprisonment once it has been imposed except in certain limited
circumstances. 18 U.S.C. § 3582(c). Jaimes’ post-conviction
motion for downward departure does not fall under any provision
of 18 U.S.C. § 3582(c) and, thus, was unauthorized and without a
jurisdictional basis. See United States v. Early, 27 F.3d 140,
141-42 (5th Cir. 1994). The appeal is without arguable merit.
Consequently, it is DISMISSED AS FRIVOLOUS. Howard v. King, 707
F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. Jaimes is
WARNED that future frivolous appeals may result in the imposition
of sanctions.
APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS WARNING ISSUED.

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