U.S. v. LOPEZ

No. 93-1254.

26 F.3d 512 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond Joseph LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 5, 1994.


Attorney(s) appearing for the Case

Raymond Joseph Lopez, pro se.

Jill Bindler, Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Dallas, TX, for appellant.

Rose L. Romero, Asst. U.S. Atty., Richard Stephens, U.S. Atty., Dallas, TX, for appellee.

Before WISDOM and JONES, Circuit Judges, and FITZWATER, District Judge.


PER CURIAM:

This appeal from a judgment of the district court resentencing a defendant who had previously been granted a downward departure for substantial assistance, but who thereafter refused to testify for the government at the trial of his codefendants, presents the question whether the district court had authority to modify the first sentence. Because we hold that none of the bases permitted by 18 U.S.C. § 3582(c) applies in this case, we reverse and remand...

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