United States v. Ruiz , 71 F. App'x 301 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS July 18, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 03-20109
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LUIS RUIZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-91-CR-27-4
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Jose Ruiz appeals the denial of his motion for reconsideration
of the denial of his motion to reduce his sentence. Ruiz’s notice
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited cir-
cumstances set forth in 5TH CIR. R. 47.5.4.
No. 03-20109
-2-
of appeal from the denial of his motion for reduction of sentence
was untimely. See FED. R. APP. P. 4(b); United States v. Alvarez,
210 F.3d 309, 310 (5th Cir. 2000). His motion for reconsideration
did not toll the running of the ten-day time for filing an effec-
tive notice of appeal, because it also was untimely filed. See
United States v. Brewer, 60 F.3d 1142, 1145 (5th Cir. 1995).
Ruiz’s notice of appeal from the denial of his motion
for reconsideration was timely. The district court was without
jurisdiction, however, to entertain an untimely motion for recon-
sideration. 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). Ruiz thus has appealed the denial of a meaningless, unau-
thorized motion. See United States v. Early, 27 F.3d 140, 142 (5th
Cir. 1994).
AFFIRMED.