United States v. Cristobal Bautista , 548 F. App'x 254 ( 2013 )

Case: 13-50471 Document: 00512468205 Page: 1 Date Filed: 12/11/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-50471 December 11, 2013
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CRISTOBAL PEREZ BAUTISTA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:11-CR-705-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Cristobal Perez Bautista, federal prisoner # 87161-280, was convicted by
guilty plea of conspiracy to possess with intent to distribute more than 50
grams of methamphetamine and possession of a firearm during a drug
trafficking crime. The district court sentenced him to a total of 168 months of
imprisonment and four years of supervised release. Over one year later,
Bautista filed in district court a pro se motion for an extension of time in which
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50471 Document: 00512468205 Page: 2 Date Filed: 12/11/2013
No. 13-50471
to file a 28 U.S.C. § 2255 motion. His motion was not accompanied by a § 2255
motion. The district court denied that motion for an extension of time.
In this court, Bautista has filed a motion seeking leave to proceed in
forma pauperis (IFP) on appeal, a motion requesting correction of the record,
and an appellate brief. The district court lacked jurisdiction to entertain
Bautista’s motion for an extension of time to file a § 2255 motion. See United
States v. Leon, 203 F.3d 162, 163 (2d Cir. 2000).
Accordingly, the district court’s denial of Bautista’s motion is
AFFIRMED, and his motions for leave to proceed IFP on appeal and for
correction of the record are DENIED.
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