United States v. Cifuentes-Riascos ( 1998 )

[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 97-2274 UNITED STATES OF AMERICA, Appellee, v. HENRY CIFUENTES-RIASCOS, A/K/A WILLIAM ALLEGRIA, A/K/A CARLOS OTERO-RIVERA, A/K/A HENRY CINFUENTES-RIASCOS, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Carmen Consuelo Cerezo, U.S. District Judge] Before Torruella, Chief Judge, Selya and Boudin, Circuit Judges. Henry Cifuentes on brief pro se. Guillermo Gil, United States Attorney, Jose A. Quiles-Espinosa, Warren Vazquez and Nelson Perez-Sosa, Assistant United States Attorneys, on brief for appellee. March 12, 1998 Per Curiam. After this court affirmed appellant's conviction, the district court no longer had the power to reconsider or modify appellant's sentence. Consequently, the district court properly denied appellant's "Motion for Modification of Imprisonment," which asked the district court to reduce appellant's sentence for acceptance of responsibility, a reduction the district court had expressly denied at sentencing. If appellant's complaint is that his trial counsel forced appellant to go to trial against his will and would not allow appellant to plead guilty, that type of complaint could not be considered by the district court in the context of appellant's "Motion for Modification of Imprisonment," but instead would need to be presented in a 2255 petition. As appellant did not ask the district court to treat his motion as a 2255 petition, the district court did not err in failing to so treat it. Affirmed. Loc. R. 27.1.