EXPEDITED [DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 22, 2005
No. 04-16479 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 90-06036-CR-JAG
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GABRIEL ALVARO SCAFF-MARTINEZ,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(June 22, 2005)
Before BLACK, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Gabriel Alvaro Scaff-Martinez appeals the district court’s November 10,
2004, order denying his § 3582(c)(2) motion for reduction of sentence. A district
court does not have jurisdiction to rule in a case that is on appeal, despite a
decision by our court, until a mandate has been issued. Zaklama v. Mount Sinai
Med. Ctr., 906 F.2d 645, 649 (11th Cir. 1990). We did not issue our mandate as to
the initial appeal of Appellant’s § 3582 motion until November 16, 2004.
Therefore the district court lacked jurisdiction to enter its November 10, 2004
order. Appellant’s filing of a motion for reconsideration in the district court on
November 22, 2004, does not cure the district court’s initial jurisdictional
deficiency. Accordingly, the district court’s orders of November 10, 2004 and
February 3, 2005 are VACATED.
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