United States v. Arnett Bonner, No. 09-2356 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - Sentencing. The court lacks jurisdiction to review sentence imposed after the district 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. 09-2356 ___________ United States of America, Appellee, v. Arnett J. Bonner, Appellant. * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * * ___________ Submitted: February 11, 2010 Filed: February 23, 2010 ___________ Before BYE, RILEY, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Arnett Bonner appeals the 112-month sentence the district court1 imposed after granting the government s Fed. R. Crim. P. 35(b) motion to reduce Bonner s sentence based on substantial assistance. Upon careful review, we conclude that we lack jurisdiction to review Bonner 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, 1 The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska. and court lacked jurisdiction because he did not satisfy § 3742(a) criteria). Accordingly, we grant counsel leave to withdraw and we dismiss this appeal for lack of jurisdiction. ______________________________ -2-
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