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United States v. Todd Matthews, 06-3422 (2008)

Court: Court of Appeals for the Eighth Circuit Number: 06-3422 Visitors: 40
Filed: Mar. 12, 2008
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-3422 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Todd E. Matthews, * * [UNPUBLISHED] Appellant. * _ Submitted: March 7, 2008 Filed: March 12, 2008 _ Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges. _ PER CURIAM. Todd Matthews appeals the magistrate judge’s denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion. We conclude that jur
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 06-3422
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Western District of Arkansas.
Todd E. Matthews,                        *
                                         * [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                              Submitted: March 7, 2008
                                 Filed: March 12, 2008
                                  ___________

Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.
                           ___________

PER CURIAM.


       Todd Matthews appeals the magistrate judge’s denial of his 18 U.S.C.
§ 3582(c)(2) sentence-reduction motion. We conclude that jurisdiction is lacking.
See Specialty Mills, Inc. v. Citizens State Bank, 
51 F.3d 770
, 773 (8th Cir. 1995)
(court of appeals considers jurisdiction on its own motion). A section 3582(c)(2)
motion is not a civil postconviction action, but a continuation of a criminal case. See
United States v. Fair, 
326 F.3d 1317
, 1318 (11th Cir. 2003) (per curiam); see also
United States v. Petty, 
82 F.3d 809
, 810 (8th Cir. 1996) (per curiam) (time limits for
appealing in criminal cases apply to appeal from denial of § 3582(c)(2) motion). A
magistrate judge may enter judgment in a civil action with consent of the parties, see
28 U.S.C. § 636(c)(1), while a district judge may designate a magistrate judge to
prepare proposed findings of fact and recommendations for the disposition of
applications for post-trial relief made by individuals convicted of criminal offenses,
see 28 U.S.C. § 636(b)(1)(B). Accordingly, we dismiss the appeal for lack of
jurisdiction and remand to the district court for further proceedings.
                        ______________________________




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Source:  CourtListener

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