United States v. Sylvester Pulliam

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2058
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Missouri.
*
Sylvester Pulliam, * [UNPUBLISHED]
*
Appellant. *
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Submitted: November 6, 2003

Filed: November 12, 2003
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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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.
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