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United States v. Sylvester Pulliam, 03-2058 (2003)

Court: Court of Appeals for the Eighth Circuit Number: 03-2058 Visitors: 14
Filed: Nov. 12, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-2058 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * Sylvester Pulliam, * [UNPUBLISHED] * Appellant. * _ Submitted: November 6, 2003 Filed: November 12, 2003 _ Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Sylvester Pulliam appeals following the district court’s* denial of Pulliam's motion to dismiss his two-count
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                      United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 03-2058
                                   ___________

United States of America,               *
                                        *
                     Appellee,          * Appeal from the United States
                                        * District Court for the Eastern
      v.                                * District of Missouri.
                                        *
Sylvester Pulliam,                      *      [UNPUBLISHED]
                                        *
                     Appellant.         *
                                   ___________

                              Submitted: November 6, 2003

                                  Filed: November 12, 2003
                                   ___________

Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
                           ___________

PER CURIAM.

      Sylvester Pulliam appeals following the district court’s* denial of Pulliam's
motion to dismiss his two-count indictment for distributing cocaine base in violation
of 21 U.S.C. § 841(a)(1), contending the district court erroneously declined to
construe his motion as a notice of appeal under 18 U.S.C. § 3742(a). The district
court did not commit error because Pulliam filed his motion two years after he was
sentenced, which was too late for the timely filing of a notice of appeal. See Fed. R.

      *
       The Honorable E. Richard Webber, United States District Judge for the
Eastern District of Missouri.
App. P. 4(b)(1)(a)(i); United States v. Auman, 
8 F.3d 1268
, 1271 (8th Cir. 1993)
(district court does not have authority under § 3742 to review final sentence).

      Accordingly, we affirm. See 8th Cir. R. 47B.
                     ______________________________




                                      -2-

Source:  CourtListener

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