The provisions for modification of a sentence under § 3742 are available to a defendant only upon direct appeal of a sentence or conviction. See Williams v. U.S., ___ U.S. ___, ___-___, 112 S.Ct. 1112, 1118-21, 117 L.Ed.2d 341 (1992); United States v. Esquivel-Cortes, 867 F.2d 830, 831 (5th Cir.), cert. denied, 493 U.S. 839, 110 S.Ct. 121, 107 L.Ed.2d 82 (1989). Early has not filed a notice of appeal from his judgment of conviction.
18 U.S.C. § 3742(a). United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994) (citing Williams v. U.S., 503 U.S. 193 (1992); United States v. Esquivel-Cortes, 867 F.2d 830, 831 (5th Cir. 1989)). Nevertheless, Crinel's motion, though styled otherwise, is in effect a motion under 28 U.S.C. § 2255.
18 U.S.C. § 3742(a). United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994) (citing Williams v. U.S., 503 U.S. 193 (1992); United States v. Esquivel-Cortes, 867 F.2d 830, 831 (5th Cir. 1989)). IV. To the extent Dorsey brings the instant motion as a successive motion under § 2255, this Court does not have jurisdiction to consider it.