Case: 23-50511 Document: 55-1 Page: 1 Date Filed: 03/15/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50511 Summary Calendar FILED ____________ March 15, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Edward Jimenez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 5:98-CR-304-1 ______________________________ Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam: * Edward Jimenez appeals the denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(1)(A), in which he argued that his life sentence is unconstitutional. The district court denied the motion based on our holding that “a prisoner cannot use § 3582(c) to challenge the legality

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50511 Document: 55-1 Page: 2 Date Filed: 03/15/2024

No. 23-50511

or the duration of his sentence[.]” United States v. Escajeda, 58 F.4th 184, (5th Cir. 2023).

Jimenez has filed a letter brief and an unopposed motion for summary disposition. He concedes that his argument on appeal—that constitutional defects in his sentence are extraordinary and compelling reasons warranting a reduction of sentence under § 3582(c)(1)(A)—is foreclosed by Escajeda, although he seeks to preserve it for further review.

Where “there can be no substantial question as to the outcome of the case,” summary disposition is appropriate. Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the motion for summary disposition is GRANTED, and the district court’s order is AFFIRMED.