United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 00-2559 ___________

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 Frank R. Peerman, also known as * Barron Richard Hynes, * [UNPUBLISHED] * Appellant. * ___________

Submitted: September 7, 2000 Filed: October 10, 2000 ___________

Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges. ___________

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).

1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. 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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