Filed: Nov. 21, 2008
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-2942 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Keaton Lee Amos, * * [UNPUBLISHED] Appellant. * _ Submitted: November 7, 2008 Filed: November 21, 2008 _ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. _ PER CURIAM. Keaton Lee Amos, who pleaded guilty to a drug-conspiracy offense, appeals the 140-month sentence the district court1 imposed after g
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-2942 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Keaton Lee Amos, * * [UNPUBLISHED] Appellant. * _ Submitted: November 7, 2008 Filed: November 21, 2008 _ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. _ PER CURIAM. Keaton Lee Amos, who pleaded guilty to a drug-conspiracy offense, appeals the 140-month sentence the district court1 imposed after gr..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 07-2942
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Keaton Lee Amos, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: November 7, 2008
Filed: November 21, 2008
___________
Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
Keaton Lee Amos, who pleaded guilty to a drug-conspiracy offense, appeals the
140-month sentence the district court1 imposed after granting the government’s
Federal Rule of Criminal Procedure 35(b) motion to reduce Amos’s sentence based
on substantial assistance. Amos argues that the sentence is unreasonable because
(1) it is greater than necessary to promote the goals of 18 U.S.C. § 3553(a), (2) other
defendants in the conspiracy received lesser sentences, and (3) the court did not
1
The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
adequately consider Amos’s assistance and circumstances when determining the
amount of the reduction.
Upon review, we conclude that we lack jurisdiction to consider Amos’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, and the court lacked
jurisdiction because he did not satisfy criteria of § 3742(a)).
Accordingly, we dismiss the appeal.
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