`FOR THE FIFTH CIRCUIT
`
` ___________________
`
`No. 18-50668
` ___________________
`
`United States Court of Appeals
`Fifth Circuit
`
`FILED
`March 18, 2019
`
`Lyle W. Cayce
`Clerk
`
`
`UNITED STATES OF AMERICA,
`
` Plaintiff-Appellee,
`
`v.
`
`DIEGO SANTOS-FERRUFINO,
`
` Defendant-Appellant.
`
`
` _______________________
`
`Appeal from the United States District Court
`for the Western District of Texas
`USDC No. 4:18-CR-64-1
` _______________________
`
`
`Before OWEN, WILLETT, and OLDHAM, Circuit Judges.
`
`PER CURIAM*:
`
`We DENY the government’s unopposed motion to dismiss this appeal as
`
`moot. The district court lacked jurisdiction to modify its sentence while this
`appeal was pending. See United States v. Lucero, --- F. App’x ----, No.17-50709,
`2018 WL 6200326, at *1 (5th Cir. Nov. 27, 2018).
`
`
`* 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.
`
`
`
`No. 18-50668
`
`
`We GRANT the government’s alternative motion to extend time to file
`
`its brief for 30 days from the entry of this order. If the government (the movant
`below) wishes to take advantage of the indicative ruling scheme, then it should
`comply with that scheme’s procedures. See FED. R. CRIM. P. 37(b); FED. R. APP.
`P. 12.1(a).
`
`
`
`
`
`
`2
`
`