United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS September 2, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-20236
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE BELTRAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-94-CR-248-2
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jose Beltran, federal prisoner number 66254-079, was
convicted of one charge of aiding and abetting possession with
intent to distribute more than five kilograms of cocaine. The
district court sentenced him to 188 months in prison and a
five-year term of supervised release and ordered him to pay a
fine. Following a direct appeal and 28 U.S.C. § 2255 motion,
Beltran filed a motion seeking modification of his fine. The
*
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that this opinion should not be published and is not precedent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. 02-20236
-2-
instant appeal challenges the district court’s denial of this
motion. The propriety of Beltran’s fine is not cognizable under
any postconviction motion. The district court thus lacked
jurisdiction to consider the motion. See United States v. Early,
27 F.3d 140, 141 (5th Cir. 1994). Because the district court was
without jurisdiction to consider the motion, the district court’s
denial of the motion is AFFIRMED on the alternate basis of lack
of jurisdiction. See id.