United States v. Gilbert Mariscal, Jr.

47 F.3d 1177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Gilbert MARISCAL, Jr., Defendant-Appellant. No. 94-10317. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 24, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Gilbert Mariscal, Jr., appeals pro se the district court's dismissal of his "motion for alternative sentence" for lack of jurisdiction. Mariscal claims that the district court should have modified his sentence, but he does not contend that his present sentence is incorrect or illegal. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 A district court may not modify a term of imprisonment except: (1) upon motion of the Director of the Bureau of Prisons if extraordinary and compelling reasons exist; (2) pursuant to Fed.R.Crim.P. 35 or as expressly permitted by statute; or (3) "in the case of a defendant who has been sentenced to a…