Case: 10-60208 Document: 00511336679 Page: 1 Date Filed: 12/30/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 30, 2010
No. 10-60208
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
XIAO CHEN LIN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:06-CR-109-1
Before JOLLY, GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
Xiao Chen Lin, now federal prisoner # 08242-043, has appealed the district
court’s order denying his motion to modify his sentence under 18 U.S.C.
§ 3582(c)(1)(B). Lin contended in his § 3582 motion that his sentence was based
upon “inaccurate and fraudulent information,” that his guidelines sentence was
determined incorrectly, and that errors were committed during the guilty plea
proceeding. The district court determined that it lacked jurisdiction to modify
Lin’s sentence.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-60208 Document: 00511336679 Page: 2 Date Filed: 12/30/2010
No. 10-60208
“The district court’s jurisdiction to correct or modify a defendant’s sentence
is limited to those specific circumstances enumerated by Congress in [] § 3582.”
United States v. Garcia, 606 F.3d 209, 212 n.5 (5th Cir. 2010); see also § 3582(b)
& (c). None of those circumstances appertain to this case. Because the appeal
is frivolous, it is DISMISSED. 5 TH C IR. R. 42.2.
2