USA v. Juan Silva

Filing

UNPUBLISHED OPINION ORDER FILED. [11-40363 Dismissed as Frivolous] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 07/29/2011; denying motion to proceed IFP filed by Appellant Mr. Juan Guillermo Silvas [6820808-2] [11-40363]

Case: 11-40363

Document: 00511534305

Page: 1

Date Filed: 07/08/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 11-40363
Summary Calendar

July 8, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN GUILLERMO SILVAS,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:08-CR-613-1

Before WIENER, PRADO, and OWEN, Circuit Judges.
PER CURIAM:*
Juan Guillermo Silvas, federal prisoner # 19188-179, pleaded guilty to
possession with intent to distribute 154.44 grams of cocaine base in violation of
21 U.S.C. § 841(a)(1) and (b)(1)(A) and was sentenced to 160 months of
imprisonment and 10 years of supervised release. He moves for leave to appeal
in forma pauperis (IFP) from the district court’s denial of his motion to reduce
sentence, identified as arising under 18 U.S.C. § 3582(c)(2).

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 11-40363

Document: 00511534305

Page: 2

Date Filed: 07/08/2011

No. 11-40363
Silvas’s arguments that he was entitled to a sentence reduction under
Amendment 484 to U.S.S.G. § 2D1.1 and the district court erred in calculating
the drug quantity attributable to him are not cognizable under § 3582. See
United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000); United States v.
Shaw, 30 F.3d 26, 29 (5th Cir. 1994); United States v. Early, 27 F.3d 140, 142
(5th Cir. 1994).
Silvas’s motion was an unauthorized motion without a jurisdictional basis.
See Early, 27 F.3d at 142. Accordingly, Silvas’s motion for leave to proceed IFP
on appeal is DENIED, and the appeal is DISMISSED as frivolous. See 5TH CIR.
R. 42.2.
MOTION DENIED; APPEAL DISMISSED.

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