United States v. Hargett

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 20, 2005
Charles R. Fulbruge III
Clerk
No. 04-60647
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THOMAS LEE HARGETT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:99-CR-110-2-P
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Before JONES, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Thomas Lee Hargett, federal prisoner # 11123-042, appeals
the district court’s denial of his motion to modify his sentence
pursuant to 18 U.S.C. § 3582(c)(2). Hargett pleaded guilty in
2000 to conspiracy to manufacture and possess with intent to
distribute methamphetamine. As the amendment on which Hargett
relies was in effect at the time he was sentenced, the district
court was without jurisdiction to consider Hargett’s motion. See
United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).
*
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this opinion should not be published and is not precedent except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. 04-60647
-2-
We decline to address Hargett’s argument that, pursuant to
Blakely v. Washington, 124 S. Ct. 2531 (2004), the use of prior
convictions to enhance his sentence violated his Sixth Amendment
right to a jury trial, because Hargett raised this issue for the
first time in his reply brief. See United States v. Hoster, 988
F.2d 1374, 1383 (5th Cir. 1993).
For the foregoing reasons, we AFFIRM the judgment of the
district court on the basis that the district court lacked
jurisdiction to consider it.