United States v. Rocha

* 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this opinion should not be published and is not precedent except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. 01-21077
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL ROCHA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-412-1
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May 22, 2002
Before REAVLEY, DAVIS and EMILO M. GARZA, Circuit Judges.
PER CURIAM:*
Miguel Rocha, federal prisoner number 03176-079, has
appealed the district court’s order dismissing his motion under
18 U.S.C. § 3582(c)(2) for a reduction in his sentence. Rocha
was sentenced pursuant to a stipulated sentence under a FED.
R. CRIM. P. 11(e)(1)(C) plea agreement. Because this sentence
was imposed under Rule 11(e)(1)(C), Section 3582(c)(2) had no
applicability.
AFFIRMED.

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