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.
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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
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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that this opinion should not be published and is not precedent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.