United States v. Lopez

Case: 23-11004 Document: 27-1 Page: 1 Date Filed: 03/18/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-11004 ____________ FILED March 18, 2024 United States of America, Lyle W. Cayce Clerk Plaintiff—Appellee, versus

Cesar Lopez, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:22-CR-42-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: *

Cesar Lopez, Jr., federal prisoner # 03486-510, moves to dismiss his appeal from the district court’s denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582. Although he nominally requests to withdraw his appeal without prejudice, Lopez has not requested a stay, and, therefore, he is not entitled to such a dismissal. See 5th Cir. R. 42.4. Moreover, Lopez has offered no explanation as to why his appeal in this proceeding should be Case: 23-11004 Document: 27-1 Page: 2 Date Filed: 03/18/2024

No. 23-11004 dismissed without prejudice. 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.