United States v. Stewart

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-51024
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REBECCA JEAN STEWART,
also known as Cynthia Alexander,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-94-CR-67-1
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August 24, 1998
Before WISDOM, DUHE’, and DeMOSS, Circuit Judges.
PER CURIAM:*
Rebecca Jean Stewart, filed an 18 U.S.C. Section 3582
motion to correct or modify her sentence, arguing that the
district court denied that motion. Stewart did not file a notice
of appeal. Over three months later, however, she filed a motion
to reconsider. The district denied that motion and Stewart filed
a notice of appeal.
*
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that this opinion should not be published and is not precedent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. 97-51024
-2-
Federal courts have an obligation to examine sua sponte the
basis for their jurisdiction.** Stewart did not file a timely
motion to reconsider.*** We do not have jurisdiction to hear this
appeal.****
Stewart’s appeal is DISMISSED.
**
United States v. DeLos Reves, 842 F.2d 755, 757 (5th Cir.
1988).
***
See Fed. R. App. P. 4(b); United States v. Brewer, 60 F.3d
1142, 1145 (5th Cir. 1995).
****
See Brewer, 60 F.3d at 1144. Even if we were to construe
Stewart’s motion to reconsider as a request to file a late notice
of appeal, we do not have jurisdiction to hear this appeal. Fed.
R. App. P.4(b) allows for an extension of the time period in
which to file an appeal, but that extension is limited to thirty
days. See United States v. Awalt, 728 F.2d 704, 705 (5th Cir.
1984). Stewart’s motion was filed well after this period.