United States v. Kates

¶1 David Earl Kates, federal prisoner # 30428-077, appeals from the denial of his motion for reduction of his sentence. He argues that his offense level under United States Sentencing Guidelines § 4B1.1 was incorrectly calculated. Because the district court was without authority to modify the imposed term, the denial of the motion for a sentence reduction is AFFIRMED. See United States v. Bridges, 116 F.3d 1110, 1112 (5th Cir.1997). Kates’ motion *356 to file his reply brief out-of-time is GRANTED.