United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 97-3121 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Eugene Fitzhugh, * * [UNPUBLISHED] Appellant. * ___________

Submitted: December 5, 1997 Filed: December 10, 1997 ___________

Before BOWMAN, BEAM, and LOKEN, Circuit Judges. ___________

PER CURIAM.

Eugene Fitzhugh, previously sentenced to ten months of imprisonment and one year supervised release for a bribery conviction, appeals from the District Court&s1 order denying his motion to reconsider his sentence based on his deteriorating health. Fitzhugh filed the motion during the pendency of his appeal from the ten-month

1 The Honorable Stephen M. Reasoner, Chief Judge, United States District Court for the Eastern District of Arkansas. sentence itself. Concluding it lacked jurisdiction to reconsider Fitzhugh&s sentence, the District Court issued an order denying the motion.

Upon review of the record and the parties& submissions on appeal, we affirm the District Court for the reasons stated in its order. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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