IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51189
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LISTON RANDOLPH POSEY, II,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-93-CR-84-ALL
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April 9, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Liston Randolph Posey, II, federal prisoner # 02528-095,
appeals the district court’s denial of his “Rule 35 Motion for
Correction of Plain Error.” Posey argues that: (1) the
forfeiture of his firearms violated his double jeopardy rights;
(2) his sentence should be vacated in view of Apprendi v. New
Jersey, 530 U.S. 466 (2000); (3) because the indictment did not
allege the quantity of marijuana, his conviction must be vacated
with prejudice to subsequent prosecution in view of Apprendi; and
(4) the district court erred in stating that this court affirmed
*
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that this opinion should not be published and is not precedent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. 00-51189
-2-
in part and reversed in part in United States v. Posey, 217 F.3d
282 (5th Cir. 2000). The only relief that Posey sought in his
motion was an order vacating his conviction and sentence. The
district court did not have jurisdiction to grant the relief that
Posey sought as it was beyond the scope of this court’s remand
for return of Posey’s property. See United States v. Hass, 199
F.3d 749, 752 (5th Cir. 1999). Therefore, the district court did
not err in denying Posey’s motion. The Government’s motion to
dismiss Posey’s appeal is granted.
APPEAL DISMISSED; MOTION TO DISMISS GRANTED; ALL OTHER
OUTSTANDING MOTIONS DENIED.