United States v. Smith

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 19, 2009
No. 08-40266
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ZACK ZEMBLIEST SMITH, III
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:94-CR-68-ALL
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
As part of his 1994 sentence for robbery and using a firearm during a
crime of violence, Zack Zembliest Smith, III, federal prisoner # 04838-078, was
ordered to pay $22,937.12 in restitution. In 2007, Smith filed a pro se “Motion
for Clarification of Restitution and Judgment,” asking the district court to clarify
that he was not required to make restitution payments until he was released
from custody. The district court entered an order stating that Smith was
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-40266
required to make payments while incarcerated and that he could be sanctioned
for failure to comply with the Bureau of Prison’s Inmate Financial Responsibility
Program. Smith appeals.
Neither Smith nor the district court provided a specific jurisdictional basis
for his motion. In addressing a similar motion, we have considered and rejected
various alternative theories of jurisdiction. See United States v. Hatten, 167 F.3d
884, 885 (5th Cir.1999). Because Smith essentially has appealed an
unauthorized motion, we vacate the district court’s judgment and remand the
case for entry of an order dismissing the motion for lack of jurisdiction. See id.VACATED and REMANDED.
2