United States v. Cisneros-Garza

* 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that this opinion should not be published and is not precedent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.
REVISED FEBRUARY 3, 2003
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20721
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADAN CISNEROS-GARZA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-246-ALL
--------------------
January 17, 2003
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Adan Cisneros-Garza, federal prisoner # 88368-079, appeals the
district court’s denial of his pro se motion for reconsideration of
the district court’s order denying his motion for reduction of
sentence pursuant to 18 U.S.C. § 3582(c). Cisneros-Garza contends
that he is entitled to a sentence reduction in light of a
retroactive amendment to the sentencing guidelines.

-- 1 of 2 --

No. 02-20721
-2-
The district court lacked jurisdiction to consider Cisneros-
Garza’s May 14, 2002, motion to reconsider, which was filed more
than ten days following the district court’s January 31, 2002,
order denying Cisneros-Garza’s 18 U.S.C. § 3582(c) motion. See
United States v. Cook, 670 F.2d 46, 48-49 (5th Cir. 1982); United
States v. Brewer, 60 F.3d 1143, 1143-44 (5th Cir. 1995). The
district court’s denial of Cisneros-Garza’s motion for
reconsideration is hereby VACATED, and the case is REMANDED to the
district court with instructions to dismiss the motion for want of
jurisdiction.
VACATED AND REMANDED WITH INSTRUCTIONS.

-- 2 of 2 --