United States v. Price

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-31016 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

KWESCI PRICE, also known as Kwesci Howard,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CV-1195-D; 92-CR-314-D - - - - - - - - - - March 2, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Kwesci Price (prisoner # 23188-034) appeals the district

court’s resentence for his conviction of conspiracy to possess with

intent to distribute cocaine base. Price’s resentencing following

the grant of his § 2255 motion is considered a criminal proceeding.

Williamson v. United States, 265 F.2d 236, 239 (5th Cir. 1959).

Price filed his notice of appeal more than two months following the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 96-31016 -2-

entry of the resentencing judgment. We therefore lack jurisdiction

to address his appeal. See United States v. Merrifield, 794 F.2d

436, 437 (5th Cir. 1985); Fed. R. App. P. 4(b).

APPEAL DISMISSED.