United States v. Bustos

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 15, 2008 No. 07-50738 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JERRY LEE BUSTOS Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:90-CR-127-ALL Before PRADO, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Jerry Lee Bustos, federal prisoner # 52886-080, appeals the denial of a motion he filed in the district court for review of his sentence pursuant to 18 U.S.C. § 3742. In 1991, Bustos was sentenced to 30 years of imprisonment for being a felon in possession of a firearm. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50738 We AFFIRM the judgment of the district court on the grounds that the court lacked any jurisdictional basis to consider the “meaningless, unauthorized motion.” United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). 2