USA v. Antonio Triplett, No. 06-1367 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Criminal law. Notice of appeal was untimely as to the denial of defendant's initial departure motion, and the court did not err in denying his motion for reconsideration.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1367 ___________ United States of America, Appellee, v. Antonio Triplett, Appellant. * * * * Appeal from the United States * District Court for the Western * District of Arkansas. * * * ___________ Submitted: June 8, 2007 Filed: July 23, 2007 ___________ Before COLLOTON, BEAM, and BENTON, Circuit Judges. ___________ PER CURIAM. Antonio Triplett appeals the district court s1 order denying his motion to reconsider the denial of his motion for a substantial-assistance downward departure. Triplett s notice of appeal is untimely as to the denial of his initial departure motion, see Fed. R. App. P. 4(b)(1)(A)(I) (in criminal case, notice of appeal must be filed within 10 days after entry of either judgment or order being appealed), and we find it was proper to deny his motion to reconsider. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
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