United States v. Diante Broadway, No. 08-2343 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - Sentencing. Court lacks jurisdiction under 18 U.S.C. Sec. 3742(c) to review a Rule 35(b) sentence reduction.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2343 ___________ United States of America, Appellee, v. Diante L. Broadway, Appellant. * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * * ___________ Submitted: August 28, 2009 Filed: September 2, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Diante L. Broadway appeals the fifty-two-month sentence that the District Court imposed after granting the government s postjudgment motion under Rule 35(b) of the Federal Rules of Criminal Procedure to reduce Broadway s sentence based on substantial assistance. 1 This court lacks jurisdiction to review Broadway s sentence. See United States v. Haskins, 479 F.3d 955, 957 (8th Cir. 2007) (per curiam) (dismissing appeal where 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. court lacked jurisdiction under18 U.S.C. ยง 3742(a) to review a Rule 35(b) sentence reduction). Accordingly, we grant counsel s motion to withdraw, and we dismiss for lack of jurisdiction. ______________________________ -2-
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