United States v. Tatum , 297 F. App'x 328 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 21, 2008
No. 08-10091
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CEDRIC RAY TATUM, also known as Little Ced, also known as Black, also
known as Cemo
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-8-6
Before DAVIS, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Cedric Ray Tatum, federal prisoner # 33588-077, appeals the district
court’s denial of his motion to compel the Government to file a motion for
reduction of sentence pursuant to FED. R. CRIM. P. 35(b) and 18 U.S.C. §3742(a).
Neither §3742 nor 35(b) provide a jurisdictional basis upon which to
entertain Tatum’s motion. See United States v. Early, 27 F.3d 140, 141-42 (5th
Cir. 1994). The Government’s refusal to file a Rule 35 motion is reviewable only
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
No. 08-10091
if it is based on an unconstitutional motive, which Tatum does not allege. See
United States v. Sneed, 63 F.3d 381, 389 n. 6 (5th Cir.1995). Tatum’s motion is
thus unauthorized and without jurisdiction. Accordingly, the appeal is
DISMISSED for lack of jurisdiction.
2