United States v. Sylvester Littlewind

08-4000Court of Appeals for the Eighth CircuitFeb 26, 2010

Full text

1The Honorable Laurie Smith Camp, United States District Judge for the
District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 09-2356
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Arnett J. Bonner, * [UNPUBLISHED]
*
Appellant. *
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Submitted: February 11, 2010
Filed: February 23, 2010
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Before BYE, RILEY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Arnett Bonner appeals the 112-month sentence the district court 1 imposed after
granting the government’s Fed. R. Crim. P. 35(b) motion to reduce Bonner’s sentence
based on substantial assistance. Upon careful review, we conclude that we lack
jurisdiction to review Bonner’s appeal. See United States v. Haskins, 479 F.3d 955,
957 (8th Cir. 2007) (per curiam) (jurisdiction over appeal of Rule 35(b) sentence is
governed by 18 U.S.C. § 3742(a); although defendant framed issue as sentence’s
overall reasonableness, he was appealing court’s ruling on motion to reduce sentence,

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and court lacked jurisdiction because he did not satisfy § 3742(a) criteria).
Accordingly, we grant counsel leave to withdraw and we dismiss this appeal for lack
of jurisdiction.
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