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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ Nos. 06-2904/3907 ___________ United States of America, * * Appellee, * * v. * Appeals from the United States * District Court for the Thomas E. Simmons, Jr., * Western District of Missouri. * Appellant. * [UNPUBLISHED] ___________ Submitted: September 24, 2007 Filed: October 5, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. The district court1 revoked the supervised release of Thomas E. Simmons, Jr., and sentenced him to prison. The court later granted the government’s Federal Rule of Criminal Procedure 35(b) motion and reduced his sentence. Simmons filed notices of appeal from both sentences. In Appeal No. 06-2904, we affirm the judgment of the district court, noting that counsel makes no argument in his brief regarding the original revocation sentence. We dismiss Appeal No. 06-3907, in which counsel argues that the reduced sentence is unreasonable, because we lack jurisdiction to 1 The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District Court for the Western District of Missouri. consider a challenge to the reasonableness of a sentence reduced pursuant to Rule 35(b). See United States v. Haskins,
479 F.3d 955, 957 (8th Cir. 2007) (per curiam). Last, we grant counsel’s motion to withdraw. ______________________________ -2-
Document Info
Docket Number: 06-2904
Filed Date: 10/5/2007
Precedential Status: Non-Precedential
Modified Date: 10/13/2015