United States v. Dysart ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 18, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-50709
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEBORAH LYLE DYSART,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-00-CR-298-03-JN
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Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Deborah Lyle Dysart (“Dysart”), federal prisoner number 15051-
180, appeals the district court’s order denying her motion for
downward departure and to serve the remainder of her sentence in a
Community Corrections Center.
The district court may modify the imposed term of imprisonment
under limited circumstances. 18 U.S.C. § 3582(c). Because
Dysart’s motion for a downward departure did not fall under any of
the provisions of 18 U.S.C. § 3582(c), it was unauthorized and
*
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this opinion should not be published and is not precedent except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.
without a jurisdictional basis. See United States v. Early, 27
F.3d 140, 141-42 (5th Cir. 1994). After a district court has
sentenced a federal offender, the Bureau of Prisons has the
responsibility for designating the place of imprisonment. Thus,
Dysart’s motion to serve the remainder of her sentence in a
Community Corrections Center likewise lacked a jurisdictional
basis. See United States v. Voda, 994 F.2d 149, 151-52 (5th Cir.
1993); 18 U.S.C. § 3621(b). Although the district court considered
the motion on its merits, it should have denied the motion for lack
of jurisdiction. See Early, 27 F.3d at 142. On that alternative
basis, the district court’s order is
AFFIRMED. All outstanding motions are DENIED.
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