U.S. v. Alexander

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Tommy ALEXANDER, Sr.…

Court: United States Court of Appeals, Fifth Circuit

Date published: Nov 23, 2009

353 F. App'x 885 (5th Cir. 2009)

Opinion

No. 09-20056 Summary Calendar.

November 23, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Tommy Alexander, Sr., Lewisburg, PA, pro se.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Tommy Alexander, Sr., federal prisoner # 07193-035, appeals the denial of his motion under FED.R.CRIM.P. 32 to correct the Presentence Report ("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).