United States v. Sylvester Pulliam
Opinion
Sylvester Pulliam appeals following the district court’s * denial of Pulliam’s motion to dismiss his two-count indictment for distributing cocaine base in violation of 21 U.S.C. § 841(a)(1), contending the district court erroneously declined to construe his motion as a notice of appeal under 18 U.S.C. § 3742(a). The district court did not commit error because Pulliam filed his motion two years after he was sentenced, which was too late for the timely filing of a notice of appeal. See Fed. R.App. P. 4(b)(1)(a)(i); United States v. Auman, 8 *540 F.3d 1268, 1271 (8th Cir. 1993) (district court does not have authority under § 3742 to review final sentence).
Accordingly, we affirm. See 8th Cir. R. 47B.
The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Sylvester PULLIAM, Appellant
- Status
- Unpublished