United States of America, Plaintiff-appellee, v. Johnie D. Ford, Defendant-appellant, 33 F.3d 63 (10th Cir. 1994)

Defendant Johnie D. Ford filed this motion in district court seeking to reduce the sentence he received upon his conviction in 1989 for possession of cocaine with intent to distribute, 21 U.S.C. 841(a) (1), and carrying a firearm in connection with a drug trafficking offense, 18 U.S.C. 924(c). As a basis for the district court's jurisdiction, Defendant asserted U.S.S.G. 3B1.2, Fed. R. Civ. P. 60, and 18 U.S.C. 3232. The district court determined that none of these cited statutes or rules granted the court jurisdiction over Defendant's motion; as a result, the court dismissed the motion.

We hold, and Defendant does not dispute, the district court properly concluded that it lacked jurisdiction to entertain his motion. See generally United States v. Warner, 23 F.3d 287, 290 (10th Cir. 1994) (district court's jurisdiction becomes very limited once it has imposed sentence). Instead, Defendant asks us to construe his motion as a motion to vacate sentence pursuant to 28 U.S.C. 2255. We hold that we are without authority to do so. Once we have determined the district court lacked jurisdiction over Defendant's motion, we have no further jurisdiction over the matter. See Bender v. Williamsport Area School Dist., 475 U.S. 534, 541 (1986) (if federal appellate court determines district court lacked jurisdiction, appellate court lacks power to reach merits) (citing United States v. Corrick, 298 U.S. 435, 440 (1936)).

AFFIRMED.