USA v. Leal, No. 08-40141 (5th Cir. 2009)

Annotate this Case

Download PDF

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-40141 Summary Calendar March 5, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. YESENIA LEAL Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:99-CR-372-7 Before KING, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Yesenia Leal, federal prisoner # 92524-079, appeals the district court s denial of her motion to compel the Government to file a motion for reduction of sentence pursuant to F ED. R. C RIM. P. 35(b). Rule 35(b) does not provide a jurisdictional basis upon which to entertain Leal s motion. See United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). The Government s refusal to file a Rule 35 motion is reviewable only if it is based on an unconstitutional motive, which Leal does not allege. See United States v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40141 Sneed, 63 F.3d 381, 389 n. 6 (5th Cir.1995). Leal s motion is thus unauthorized and the district court and this court both lack jurisdiction to consider it. Accordingly, the appeal is DISMISSED for lack of jurisdiction. 2

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.