United States v. Silva-Ramos

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 9, 2003 Charles R. Fulbruge III Clerk No. 02-41739 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE SILVA-RAMOS, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-02-CV-139 USDC No. L-00-CR-1249-ALL -------------------- Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Jose Silva-Ramos (Silva), federal prisoner # 96260-79, appeals the district court’s denial of his postjudgment motion seeking a downward departure in his sentence. Silva has appealed from the denial of an unauthorized motion. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Although he attempts, in this court, to characterize his motion as seeking relief pursuant to 18 U.S.C. § 3582(c)(2), that statute is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-41739 -2- inapplicable and does not provide a jurisdictional basis for Silva’s motion. See id. Accordingly, this appeal is dismissed for lack of jurisdiction. See id. Silva’s motion to proceed in forma pauperis (IFP) on appeal is DENIED. Silva’s request for a certificate of appealability (COA) is DENIED as unnecessary. APPEAL DISMISSED; MOTION FOR IFP DENIED; REQUEST FOR COA DENIED AS UNNECESSARY.