United States v. Sylvester Pulliam

U.S. Court of Appeals for the Eighth Circuit
United States v. Sylvester Pulliam, 80 F. App'x 539 (8th Cir. 2003)

United States v. Sylvester Pulliam

Opinion

PER CURIAM.

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Unpublished