United States v. Dedrick

* 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this opinion should not be published and is not precedent except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. 03-51263
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JERRY LEWIS DEDRICK,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-02-CR-113-2
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jerry Lewis Dedrick, federal prisoner number 27140-180,
appeals the district court’s denials of his pleadings, which were
styled as an “application for writ of habeas corpus seeking
relief for failure to honor a plea agreement” and an “application
for writ of habeas corpus seeking reconsideration for defendant’s
motion to reduce sentence,” and filed following his guilty plea
conviction of aiding and abetting possession with intent to
distribute 50 grams or more of cocaine base. The district court
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2004
Charles R. Fulbruge III
Clerk

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No. 03-51263
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may modify the imposed term of imprisonment under limited
circumstances. 18 U.S.C. § 3582(c). Because Dedrick’s pleadings
did not fall under any of the provisions of 18 U.S.C. § 3582(c),
they were unauthorized and without a jurisdictional basis. See
United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994).
Accordingly, on that alternative basis, the district court’s
order is AFFIRMED.
Dedrick’s motion to supplement his brief is DENIED.

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