United States v. Neil Rene ( 2018 )

Case: 17-11456 Document: 00514642847 Page: 1 Date Filed: 09/14/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-11456 FILED
Summary Calendar September 14, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
NEIL NICK RENE,
Defendant−Appellant.
Appeals from the United States District Court
for the Northern District of Texas
No. 4:12-CR-95-3
Before SMITH, ELROD, and WILLETT, Circuit Judges.
PER CURIAM: *
Neil Rene, federal prisoner #26589-077, pleaded guilty of conspiracy to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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.
Case: 17-11456 Document: 00514642847 Page: 2 Date Filed: 09/14/2018
No. 17-11456
possess with intent to distribute 50 kilograms or more of marihuana and con-
spiracy to launder monetary instruments. He was sentenced to concurrent
terms of 151 months. He appeals the denial of his motion for reconsideration
of the order denying his 18 U.S.C. § 3582(c)(2) motion for reduction in sentence.
The motion for reconsideration was filed more than 14 days after the
ruling on the § 3582(c)(2) motion. The district court therefore lacked jurisdic-
tion to act on the motion for reconsideration. See United States v. Miramontez,
995 F.2d 56, 58 n.2 (5th Cir. 1993); United States v. Cook, 670 F.2d 46, 48 (5th
Cir. 1982); see also United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994)
(affirming the denial of an unauthorized postjudgment motion because the dis-
trict court lacked jurisdiction). Accordingly, the order denying reconsideration
is AFFIRMED.
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