Case: 22-51049 Document: 00516698260 Page: 1 Date Filed: 04/03/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 22-51049 April 3, 2023 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Balentin Martinez Quinones, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 6:99-CR-13-7 ______________________________ Before Elrod, Graves, and Ho, Circuit Judges.

Per Curiam: * Balentin Martinez Quinones, federal prisoner # 33632-077, moves to withdraw his appeal from the district court’s denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Although he nominally requests to withdraw his appeal without prejudice, Quinones has not requested a stay, and, therefore, he is not entitled to such a dismissal. See 5th Cir. R. 42.4. Quinones has expressed his intent to file a _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-51049 Document: 00516698260 Page: 2 Date Filed: 04/03/2023

No. 22-51049

§ 3582(c)(1)(A)(i) motion in the district court instead, and he now has filed that motion. Thus, we construe the instant motion as requesting the voluntary dismissal of the appeal with prejudice.

IT IS ORDERED that the motion, as construed, is GRANTED.

See Fed. R. App. P. 42(b); 5th Cir. R. 42.1. The appeal is DISMISSED.