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1The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-2559
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Frank R. Peerman, also known as *
Barron Richard Hynes, * [UNPUBLISHED]
*
Appellant. *
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Submitted: September 7, 2000
Filed: October 10, 2000
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Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges.
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PER CURIAM.
Frank Peerman appeals from the district court’s1 denial of reconsideration of his
February 23, 1999 sentence-modification motion. We conclude that this ruling was
correct because the sentence-modification motion--whether construed as an attempt to
pursue a direct appeal from Peerman’s September 12, 1997 resentencing, or as a 28
U.S.C. § 2255 motion--was untimely. See Fed. R. App. P. 4(b)(1)(A)(i) (10-day time
limit); 28 U.S.C. § 2255 (1-year time limit).
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Accordingly, we affirm the judgment of the district court. See 8th Cir. R.
47A(a).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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