United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 15, 2003
Charles R. Fulbruge III
Clerk
No. 03-30354
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
WILBERT WILSON
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CR-50082-2
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Before KING, Chief Judge, and EMILIO M. GARZA and BENAVIDES,
Circuit Judges.
PER CURIAM:*
Wilbert Wilson appeals the district court’s order denying
his motion to compel the Government to perform on an alleged
agreement. Wilson argues that the district court has authority
to review the Government’s refusal to move for a downward
departure and that the district court should have conducted a
hearing prior to denying him relief. He argues that the
Government has acted in bad faith and has breached a cooperation
agreement. He asserts that the jurisdictional basis for his
*
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that this opinion should not be published and is not precedent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. 03-30354
-2-
motion is FED. R. CRIM. P. 35(b). Wilson’s motion cannot arise
under FED. R. CRIM. P. 35(b) because the motion was not filed by
the Government.
Wilson has appealed from the denial of a meaningless,
unauthorized motion. Accordingly, the district court’s denial of
Wilson’s motion is AFFIRMED because the district court lacked
jurisdiction to entertain the motion.
AFFIRMED.