United States v. Jorge Rodriguez

447 F. App'x 803

Opinion

MEMORANDUM **

Jorge Armando Rodriguez appeals pro se from the district court’s order denying his motion to correct sentence pursuant to Federal Rule of Criminal Procedure 35(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rodriguez contends that the district court erred when it denied his motion to correct sentence because he was not given credit for time served in state custody. The district court did not err when it denied the motion because “district courts lack authority at sentencing to give credit for time served.” See United States v. Peters, 470 F.3d 907, 909 (9th Cir.2006) (per curiam).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.