United States v. Johnson

Opinion

Case: 23-10247 Document: 00516810399 Page: 1 Date Filed: 07/06/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10247 Summary Calendar FILED ____________ July 6, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

David Antoine Johnson,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:01-CR-185-1 ______________________________

Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * David Antoine Johnson, federal prisoner, was convicted of two counts of brandishing a firearm in relation to a crime of violence. He now appeals from the denial of a motion seeking to compel the Government to file a motion to reduce his sentence. Johnson argues that the district court abused its discretion by denying his motion to compel.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10247 Document: 00516810399 Page: 2 Date Filed: 07/06/2023

No. 23-10247

The district court’s jurisdiction to correct or modify a defendant’s sentence is limited to those specific circumstances enumerated by Congress in 18 U.S.C. § 3582(b). United States v. Bridges, 116 F.3d 1110, 1112 (5th Cir. 1997). We can discern no jurisdictional basis for Johnson’s motion to compel, and we conclude that he has “appealed from the denial of a meaningless, unauthorized motion.” United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Although the district court addressed the merits of Johnson’s motion, we affirm on the alternative basis of lack of jurisdiction. See id. AFFIRMED.