United States v. Lafayette Sheppard , 544 F. App'x 563 ( 2013 )

Case: 13-10592 Document: 00512435002 Page: 1 Date Filed: 11/08/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-10592 FILED
Summary Calendar November 8, 2013
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LAFAYETTE SHEPPARD,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:10-CR-6-1
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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-10592 Document: 00512435002 Page: 2 Date Filed: 11/08/2013
13-10592
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, 132 S. Ct. 2321 (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.
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