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Frank R. Peerman, also known as * Barron Richard Hynes, * [UNPUBLISHED] * Appellant.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

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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