United States v. Keaton Amos, No. 07-2942 (8th Cir. 2008)
Annotate this CaseCourt Description: Criminal case - Sentencing. Court lacked jurisdiction to consider appeal of sentence imposed after the court granted the government's Rule 35(b) motion to reduce defendant's sentence based on substantial assistance.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-2942 ___________ United States of America, Appellee, v. Keaton Lee Amos, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: November 7, 2008 Filed: November 21, 2008 ___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Keaton Lee Amos, who pleaded guilty to a drug-conspiracy offense, appeals the 140-month sentence the district court1 imposed after granting the government s Federal Rule of Criminal Procedure 35(b) motion to reduce Amos s sentence based on substantial assistance. Amos argues that the sentence is unreasonable because (1) it is greater than necessary to promote the goals of 18 U.S.C. § 3553(a), (2) other defendants in the conspiracy received lesser sentences, and (3) the court did not 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. adequately consider Amos s assistance and circumstances when determining the amount of the reduction. Upon review, we conclude that we lack jurisdiction to consider Amos s appeal. See United States v. Haskins, 479 F.3d 955, 957 (8th Cir. 2007) (per curiam) (jurisdiction over appeal of Rule 35(b) sentence is governed by 18 U.S.C. § 3742(a); although defendant framed issue as sentence s overall reasonableness, he was appealing court s ruling on motion to reduce sentence, and the court lacked jurisdiction because he did not satisfy criteria of § 3742(a)). Accordingly, we dismiss the appeal. ______________________________ -2-
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