IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20652
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALONZO C. RUIZ, also known as Alonso C. Ruiz,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-94-CR-88-2
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June 14, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Alonzo C. Ruiz appeals from the denial of his motion for
correction of sentence pursuant to Rule 35(a) of the Federal
Rules of Criminal Procedure. The district court did not err in
denying the motion, which was procedurally defective. Further,
the one-point adjustment in his base offense level sought by Ruiz
was granted by the district court at Ruiz’s sentencing hearing in
1994. Thus, this court could not grant Ruiz the relief he seeks.
The appeal is frivolous and is DISMISSED. See 5th Cir. R. 42.2.
*
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that this opinion should not be published and is not precedent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.