United States v. Tatum

U.S. Court of Appeals for the Fifth Circuit
United States v. Tatum, 297 F. App'x 328 (5th Cir. 2008)
Davis, Garza, Per Curiam, Prado

United States v. Tatum

Opinion

PER CURIAM: *

Cedric Ray Tatum, federal prisoner #33588-077, appeals the district court’s denial of his motion to compel the Government to file a motion for reduction of sentence pursuant to Fed.R.Crim.P. 35(b) and 18 U.S.C. § 3742(a).

Neither § 3742 nor 35(b) provide a jurisdictional basis upon which to entertain Tatum’s motion. See United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). The Government’s refusal to file a Rule 35 motion is reviewable only if it is based on an unconstitutional motive, which Tatum does not allege. See United States v. Sneed, 63 F.3d 381, 389 n. 6 (5th Cir. 1995). Tatum’s motion is thus unauthorized and without jurisdiction. Accordingly, the 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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
UNITED STATES of America, Plaintiff-Appellee v. Cedric Ray TATUM, Also Known as Little Ced, Also Known as Black, Also Known as Cemo, Defendant-Appellant
Status
Unpublished