United States v. Robert Ironbear, No. 10-2875 (8th Cir. 2011)
Annotate this CaseCourt Description: Criminal case - Criminal law. Court lacked jurisdiction to hear an appeal of the district court's order granting the government's Rule 35(b) motion.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2875 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Robert John Ironbear, also known as * Showtime, also known as Lonno, * [UNPUBLISHED] * Appellant. * ___________ Submitted: February 24, 2011 Filed: March 2, 2011 ___________ Before MELLOY, GRUENDER, and BENTON, Circuit Judges. ___________ PER CURIAM. Robert John Ironbear was sentenced in 2008 to 168 months in prison. The district court1 later granted the government s Federal Rule of Criminal Procedure 35(b) motion based on Ironbear s substantial assistance, and reduced his sentence to 108 months. Ironbear appeals. Upon careful review, we conclude that we lack jurisdiction to hear his 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 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. by 18 U.S.C. § 3742(a); although defendant framed issue as sentence s overall reasonableness, he was appealing ruling on motion to reduce sentence, and jurisdiction was lacking because he did not satisfy § 3742(a) criteria). Accordingly, we grant counsel leave to withdraw and we dismiss this appeal. ______________________________ 2 -2-
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