USA v. Alexander

Filing 920091123

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-20056 Summary Calendar November 23, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TOMMY ALEXANDER, SR., Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas No. 4:89-CR-331-1 Before DAVIS, SMITH, and OWEN, Circuit Judges. PER CURIAM:* Tommy Alexander, Sr., federal prisoner # 07193-035, appeals the denial of his motion under F ED. R. C RIM. P. 32 to correct the Presentence Report 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-20056 ("PSR"). Complaints regarding the contents of a PSR must be raised before imposition of sentence; therefore, the district court did not have jurisdiction to consider Alexander's post-sentence motion. See United States v. Engs, 884 F.2d 894, 895-97 (5th Cir. 1989). The judgment is AFFIRMED on that alternative basis. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). 2

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