United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 2, 2004
Charles R. Fulbruge III
Clerk
No. 03-50834
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
LORAN BRUCE PIERSON
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CR-093-ALL
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Before KING, Chief Judge, and JONES and DENNIS, Circuit Judges.
PER CURIAM:*
In April 1997 Loran Bruce Pierson was convicted of mailing a
destructive device causing serious bodily injury and property
damage, use of a destructive device during and in relation to a
crime of violence, and firearm possession by a person subject to
a court order. He was sentenced to a term of 38 years’
imprisonment, and he was also ordered to immediately pay $300 in
special assessments and a fine of $15,000.
*
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this opinion should not be published and is not precedent except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. 03-50834
-2-
In June 2003 the district court unilaterally amended the
original judgment “[t]o establish the defendant’s minimum payment
of $25 per quarter.” The amended judgment, like the original
judgment, provided that Pierson was to immediately pay a $300
special assessment.
The district court did not explain its exercise of
jurisdiction, and on these facts we are unable to discern any
basis for amending the original judgment. Because the district
court lacked jurisdiction to amend its original judgment, the
amended judgment must be vacated.
We therefore VACATE the order of the district court amending
Pierson’s sentence and REMAND with instructions to reinstate the
original judgment.
VACATED AND REMANDED.