United States v. Thomas Finley

U.S. Court of Appeals for the Eighth Circuit
United States v. Thomas Finley, 241 F. App'x 354 (8th Cir. 2007)

United States v. Thomas Finley

Opinion

PER CURIAM.

Thomas Finley appeals the district court’s 1 order denying his motion for review of his 216-month prison sentence, imposed in 1998 following his murder-for-hire convictions. See United States v. Finley, 175 F.3d 645, 646-47 (8th Cir. *355 1999). Finley’s motion, which he characterized as an “appeal of an otherwise final sentence pursuant to 18 U.S.C. § 8742(a)(1) & (2),” was actually a successive and untimely 28 U.S.C. § 2255 motion, filed without authorization. See United States v. Patton, 309 F.3d 1093, 1094 (8th Cir. 2002) (per curiam) (inmates may not bypass authorization requirement in 28 U.S.C. § 2244 for successive § 2255 motions by purporting to invoke some other procedure); United States v. Auman, 8 F.3d 1268, 1270-71 (8th Cir. 1993) (noting § 3742 concerns basis for appellate review of district court’s sentencing decisions; it does not grant jurisdiction to district court to review final sentence). Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Thomas FINLEY, Appellant
Status
Unpublished