United States v. Betancourt

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-21079 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAFAEL BETANCOURT,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CR-H-94-283-3 - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

As his sole argument on direct appeal, Rafael Betancourt

argues that the district court erred in its recommendation to the

Bureau of Prisons regarding pre-sentence credit. A district

court is not authorized to compute pre-sentence credit; such

computations are to be made by the Attorney General, through the

Bureau of Prisons, after sentencing. 18 U.S.C. § 3585(b); United

States v. Wilson, 503 U.S. 329, 333-34 (1992). Thus,

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-21079 - 2 -

Betancourt’s appeal challenges only a recommendation, not a final

decision of the district court. Because we have jurisdiction

only over appeals from final decisions of the district court, see

28 U.S.C. § 1291, the appeal is DISMISSED for lack of

jurisdiction.