Sotelo-Lopez v. Tapia

U.S. Court of Appeals for the Fifth Circuit December 16, 2004

Sotelo-Lopez v. Tapia, 115 F. App'x 231 (5th Cir. 2004)

Opinion

PER CURIAM: *

Daniel Isidro Sotelo-Lopez (Sotelo), federal inmate # 01763-180, sought habeas corpus relief from his conviction and sentence for marijuana and cocaine offenses that violated 21 U.S.C. §§ 841 and 846. Sotelo appeals the district court’s denial of his motion for reconsideration of its order construing Sotelo’s application for habeas relief as a 28 U.S.C. § 2255 motion. The order that Sotelo asked the district court to reconsider is not a final judgment. See Silver Star Enters., Inc., v. M/V SARAMACCA 19 F.3d 1008, 1013 (5th Cir. 1994). Therefore, the district court’s denial of Sotelo’s motion for reconsideration is nonappealable. See 28 U.S.C. § 1291.

Accordingly, Sotelo’s appeal is DISMISSED for lack of jurisdiction.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: Daniel Isidro SOTELO-LOPEZ, Petitioner-Appellant, v. Robert M. TAPIA, Warden of Federal Correctional Institution—La Tuna, Respondent-Appellee
Status: Unpublished