United States v. Ruiz

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS July 18, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-20109 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE LUIS RUIZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-91-CR-27-4 -------------------- Before SMITH, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Jose Ruiz appeals the denial of his motion for reconsideration of the denial of his motion to reduce his sentence. Ruiz’s notice * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opin- ion should not be published and is not precedent except under the limited cir- cumstances set forth in 5TH CIR. R. 47.5.4. No. 03-20109 -2- of appeal from the denial of his motion for reduction of sentence was untimely. See FED. R. APP. P. 4(b); United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000). His motion for reconsideration did not toll the running of the ten-day time for filing an effec- tive notice of appeal, because it also was untimely filed. See United States v. Brewer, 60 F.3d 1142, 1145 (5th Cir. 1995). Ruiz’s notice of appeal from the denial of his motion for reconsideration was timely. The district court was without jurisdiction, however, to entertain an untimely motion for recon- sideration. See United States v. Miramontez, 995 F.2d 56, 58 n.2 (5th Cir. 1993); United States v. Cook, 670 F.2d 46, 48 (5th Cir. 1982). Ruiz thus has appealed the denial of a meaningless, unau- thorized motion. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). AFFIRMED.