USA v. Batey, No. 04-60945 (5th Cir. 2006)
Annotate this Case
Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 11, 2006 Charles R. Fulbruge III Clerk No. 04-60945 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HELEN MARIE BATEY, also known as Seall, also known as Helen Marie Cherry, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:00-CR-4-1-GRo -------------------Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. PER CURIAM:* Helen Marie Batey, federal prisoner # 05451-043, appeals the district court s denial of her motion seeking a modification in her sentence by compelling the Government to file a motion under FED. R. CRIM. P. 35(b). The district court may modify the imposed term of imprisonment under limited circumstances. § 3582(c). 18 U.S.C. Because Batey s motion did not fall under any of the provisions of 18 U.S.C. § 3582(c), it was unauthorized and without jurisdictional basis. * United States v. Early, 27 F.3d 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-60945 -2140, 141-42 (5th Cir. 1994). Accordingly, on that alternative basis, the district court s order is AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
