U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Sotelo-Lopez

United States v. Sotelo-Lopez
U.S. Court of Appeals for the Fifth Circuit · Decided February 16, 2004 · Higginbotham, Garza, Prado
86 F. App'x 772

United States v. Sotelo-Lopez

Opinion

PER CURIAM. *

Raul Sotelo-Lopez appeals from the district court’s denial of his pro se “Motion to Modify Sentence.” In that motion, SoteloLopez alleged that the Government had breached a post-sentencing agreement and asked the district court to award him specific performance by ordering the Government to file a motion for an additional downward departure pursuant to U.S.S.G. § 5K1.1. The district court denied SoteloLopez’s motion on the ground that the relief requested was not permitted under Fed. R.Crim. P. 35(c) (2002).

On appeal, Sotelo-Lopez argues that the district court should have granted his motion pursuant to Fed. R.Crim. P. 35(b) (2002) and 18 U.S.C. § 3582(c)(1)(B). Neither of those cited authorities permits the relief requested in Sotelo-Lopez’s motion. Accordingly, the district court’s denial of Sotelo-Lopez’s “Motion to Modify Sentence” is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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