United States v. Alexander

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 23, 2009 No. 09-20056 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TOMMY ALEXANDER, SR., Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas No. 4:89-CR-331-1 Before DAVIS, SMITH, and OWEN, Circuit Judges. PER CURIAM:* Tommy Alexander, Sr., federal prisoner # 07193-035, appeals the denial of his motion under F ED. R. C RIM. P. 32 to correct the Presentence Report * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-20056 (“PSR”). Complaints regarding the contents of a PSR must be raised before im- position of sentence; therefore, the district court did not have jurisdiction to con- sider Alexander’s post-sentence motion. See United States v. Engs, 884 F.2d 894, 895-97 (5th Cir. 1989). The judgment is AFFIRMED on that alternative basis. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). 2