United States v. Arzola-Amaya , 83 F. App'x 595 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 9, 2003
Charles R. Fulbruge III
Clerk
No. 03-50159
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AUDELIO ARZOLA-AMAYA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-87-CR-162-1-H
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Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Audelio Arzola-Amaya, federal prisoner # 38898-080, appeals
the district court’s denial of his motion invoking the version of
FED. R. CRIM. P. 35 applicable to offenses committed prior to
November 1, 1987. Because Arzola-Amaya’s argument concerning his
failure to be properly arraigned does not constitute a challenge
to his sentence, the district court did not err in construing the
Rule 35 motion as a disguised attempt to file an unauthorized
successive 28 U.S.C. § 2255 motion. Accordingly, we AFFIRM.
*
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that this opinion should not be published and is not precedent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.
No. 03-50159
-2-
Arzola-Amaya’s motions for the appointment of counsel and to
expedite his appeal are DENIED.
AFFIRMED; MOTIONS DENIED.