United States v. Dixon

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41124
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROY DIXON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-94-CR-9-1
--------------------
June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Roy Dixon, federal prisoner #66303-079, appeals the district
court’s denial of his pro se motion for reconsideration of the
district court’s order denying his motion for reduction of
sentence pursuant to 18 U.S.C. § 3582(c). Dixon contends that he
is entitled to a sentence reduction in light of a retroactive
amendment to the sentencing guidelines.
*
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that this opinion should not be published and is not precedent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. 01-41124
-2-
The district court lacked jurisdiction to consider Dixon’s
motion to reconsider, which was filed more than ten days
following the district court’s ruling on the 18 U.S.C. § 3582(c)
motion. See United States v. Brewer, 60 F.3d 1143, 1143-44 (5th
Cir. 1995); United States v. Cook, 670 F.2d 46, 48-49 (5th Cir.
1982).
AFFIRMED.