United States v. Saenz

04-11505Court of Appeals for the Fifth CircuitJul 27, 2006

Full text

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 27, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-11505
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ZOSIMO REYES SAENZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:95-CR-18-ALL
--------------------
Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Zosimo Reyes Saenz, federal prisoner # 27042-077, appeals
the district court’s denial of his “18 U.S.C. § 3742 motion for
review of sentence.” Saenz’s motion, which was filed after the
conclusion of his direct appeal and 28 U.S.C. § 2255 motion, is
an unauthorized motion. See United States v. Early, 27 F.3d 140,
142 (5th Cir. 1994). Accordingly, Saenz’s appeal is DISMISSED
for lack of jurisdiction.

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