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UNITED STATES of America, Plaintiff-Appellee, v. Jose BELTRAN, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2003-09-02No. No. 02-20236
74 F. App'x 399

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Opinion

majority opinion

PER CURIAM:

Jose Beltran, federal prisoner number 66254-079, was convicted of one charge of aiding and abetting possession with intent to distribute more than five kilograms of cocaine. The district court sentenced him to 188 months in prison and a five-year term of supervised release and ordered him to pay a fine. Following a direct appeal and 28 U.S.C. § 2255 motion, Beltran filed a motion seeking modification of his fine. The instant appeal challenges the district court’s denial of this motion. The propriety of Beltran’s fine is not cognizable under any postconviction motion. The district court thus lacked jurisdiction to consider the motion. See United States v. Early, 27 F.3d 140, 141 (5th Cir.1994). Because the district court was without jurisdiction to consider the motion, the district court’s denial of the motion is AFFIRMED on the alternate basis of lack of jurisdiction. See id.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.