USA vs. Ouellette, (5th Cir. 2002)
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Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-40367 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DANIEL SHAW OUELLETTE, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:98-CR-40-ALL December 23, 2002 Before DAVIS, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM: 1 Following completion of his term of incarceration imposed for a conviction for mail fraud, Daniel Shaw Ouellette moved for an early termination of his supervised release. His motion was denied on December 10. He sought reconsideration on January 4. Again denied, he appeals to this court.
Notice of appeal following a final judgment is a prerequisite to the exercise of jurisdiction by the Fifth Circuit. U nited States v. Winn , 948 F.2d 145, 153 (5th Cir. 1991). O uelletteÂ’s untimely motion to reconsider did not destroy the finality of the December 10 judgment. See United States v. Cook , 670 F.2d 46, 48 (5th Cir. 1982). With neither a timely notice of appeal nor a t imely motion for reconsideration, this court does not have jurisdiction over an appeal of the district courtÂ’s December 10 ruling. It does, however, have appellate jurisdiction over the January 29 judgment named in his notice. However, Ouellette makes no argument relating to the substance of that matter. In the absence of any argument specifically addres sing the January 29 denial of the motion to reconsider, the decision of the district court to deny the motion for reconsideration is affirmed.
AFFIRMED.
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Newton Alfred Winn, Defendant-Appellant., 948 F.2d 145 (5th Cir. 1991)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. William R. Cook, Defendant-Appellant. No. 81-1369. Summary Calendar., 670 F.2d 46 (5th Cir. 1982)
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