United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2003
Charles R. Fulbruge III
Clerk
No. 02-11179
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MONTOYA JORDAN,
Defendant-Appellant.
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Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-117-6
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Montoya Jordan, federal prisoner # 25762-177, appeals the
district court’s denial of his motion to correct sentence
pursuant to FED. R. CRIM. P. 35 and his motion for release pending
the resolution of his FED. R. CRIM. P. 35 motion. He contends
that the district court erred in denying his motions because the
length of his incarceration and the amount of the restitution
were based upon losses to victims which were not proven at trial.
*
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that this opinion should not be published and is not precedent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. 02-11179
-2-
He further argues that his convictions were based upon
insufficient evidence.
None of the conditions for granting relief under Rule 35 are
present. See United States v. Early, 27 F.3d 140, 141-142 (5th
Cir. 1994). Because the district court was without authorization
to grant relief, the court’s denial was not a gross abuse of
discretion. See United States v. Sinclair, 1 F.3d 329 (5th Cir.
1993). The district court’s denial of Jordan’s motion to correct
sentence pursuant to FED. R. CRIM. P. 35 and motion for release
pending the determination of his FED. R. CRIM. P. 35 motion are
affirmed.
AFFIRMED.