United States v. Benson Wanambisi

Case: 13-30903 Document: 00512634617 Page: 1 Date Filed: 05/19/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-30903 FILED Summary Calendar May 19, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BENSON WATTA WANAMBISI, also known as Johnstone Webi, also known as African, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:93-CR-30045-1 Before STEWART, Chief Judge, and SMITH and DENNIS, Circuit Judges. PER CURIAM: * Benson Watta Wanambisi, federal prisoner # 04013-265, was sentenced to 300 months in prison for conspiracy to import heroin. On July 22, 2013, Wanambisi filed a motion for relief from final judgment or for other extraordinary relief purportedly pursuant to Federal Rule of Civil Procedure * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-30903 Document: 00512634617 Page: 2 Date Filed: 05/19/2014 No. 13-30903 60(b) seeking to reduce his sentence based on Alleyne v. United States, 133 S. Ct. 2151 (2013). The district court denied the motion, and Wanambisi appeals. Under any construction given to it, Wanambisi’s motion was an unauthorized motion that the district court was without jurisdiction to consider. See In re Sepulvado, 707 F.3d 550, 556 (5th Cir.), cert. denied, 134 S. Ct. 420 (2013); United States v. Bridges, 116 F.3d 1110, 1112-13 (5th Cir. 1997); United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). The judgment of the district court is AFFIRMED. 2