REVISED FEBRUARY 3, 2003

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20721 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ADAN CISNEROS-GARZA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-246-ALL -------------------- January 17, 2003 Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Adan Cisneros-Garza, federal prisoner # 88368-079, appeals the

district court’s denial of his pro se motion for reconsideration of

the district court’s order denying his motion for reduction of

sentence pursuant to

(c). Cisneros-Garza contends

that he is entitled to a sentence reduction in light of a

retroactive amendment to the sentencing guidelines.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20721 -2-

The district court lacked jurisdiction to consider Cisneros-

Garza’s May 14, 2002, motion to reconsider, which was filed more

than ten days following the district court’s January 31, 2002,

order denying Cisneros-Garza’s

(c) motion. See

United States v. Cook,

(5th Cir. 1982); United

States v. Brewer,

, 1143-44 (5th Cir. 1995). The

district court’s denial of Cisneros-Garza’s motion for

reconsideration is hereby VACATED, and the case is REMANDED to the

district court with instructions to dismiss the motion for want of

jurisdiction.

VACATED AND REMANDED WITH INSTRUCTIONS.