544 F. App'x 563

UNITED STATES of America, Plaintiff-Appellee v. Lafayette SHEPPARD, Defendant-Appellant.

No. 13-10592

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 8, 2013.

Lafayette Sheppard, Adelanto, CA, pro se.

Before WIENER, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Defendant-Appellant Lafayette Sheppard, federal prisoner #41284-177, appeals the denial of his motion to reconsider the denial of a 18 U.S.C. § 3582(c)(2) motion to reduce his sentence. Sheppard pleaded guilty to possession with intent to distribute 50 grams or more of cocaine base and to aiding and abetting. He was sentenced to 327 months of imprisonment and five years of supervised release. Sheppard contends that he is eligible for a sentence reduction under Amendment 750, which implemented the Fair Sentencing Act (FSA) and revised the Guidelines applicable to offenses involving cocaine base. Sheppard cites the Supreme Court’s decision in Dorsey v. United States, — U.S. —, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012), in support of his argument.

As Sheppard’s motion to reconsider was filed more than 14 days following the district court’s ruling on his' § 3582(c)(2) motion, that court lacked jurisdiction to hear that motion. See United States v. Miramontez, 995 F.2d 56, 58 n. 2 (5th Cir.1993); United States v. Cook, 670 F.2d 46, 48 (5th Cir.1982). Accordingly, the judgment denying reconsideration is AFFIRMED.

United States v. Sheppard
544 F. App'x 563

Case Details

Name
United States v. Sheppard
Decision Date
Nov 8, 2013
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544 F. App'x 563

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United States

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