IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40342
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THOMAS JAMES ROACH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:93-CR-114-1
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February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Thomas James Roach, Federal prisoner number 04449-078, was
convicted in 1994 for possession with intent to distribute
cocaine and is serving a 150-month term of imprisonment. Roach
has appealed the district court’s order denying his motion under
FED. R. CRIM. P. 35(b) for a downward departure.
Resentencing under FED. R. CRIM. P. 35(b) is permitted only
on the Government’s motion. See United States v. Early, 27 F.3d
*
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this opinion should not be published and is not precedent except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. 02-40342
-2-
140, 141 (5th Cir. 1994). Because Roach’s motion was
unauthorized, the district court did not have jurisdiction. See
id. at 142. Although the district court considered the motion on
its merits, it should have denied the motion for lack of
jurisdiction. See id. On that alternative basis, the district
court’s order is
AFFIRMED.