IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41402 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE ONELIO RIOS,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. C-97-CR-250-7 _________________________________________________________________

September 2, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Jose Onelio Rios, federal prisoner No. 78248-079, appeals the

district court’s denial of his motion to modify his sentence

pursuant to

(c). Rios contends that he is entitled

to a sentence reduction because his sentence was based on a

guideline range that has subsequently been lowered.

After careful review of the record and the briefs, we find no

indication that Rios’s sentence was based on a guideline sentencing

range that has since been lowered. Furthermore, this case does not

involve circumstances that would otherwise trigger the district

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. court’s discretionary authority to modify a sentence under

(c). Accordingly, Rios’s § 3582(c) motion for

reduction of his sentence was “an unauthorized motion which the

district court was without jurisdiction to entertain.” United

States v. Early,

(5th Cir. 1994). For this

reason, the judgment of the district court is

A F F I R M E D.