United States v. Diante Broadway , 332 F. App'x 338 ( 2009 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-2343
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
Diante L. Broadway, * [UNPUBLISHED]
*
Appellant. *
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Submitted: August 28, 2009
Filed: September 2, 2009
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Before BYE, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Diante L. Broadway appeals the fifty-two-month sentence that the District
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Court imposed after granting the government’s postjudgment motion under Rule
35(b) of the Federal Rules of Criminal Procedure to reduce Broadway’s sentence
based on substantial assistance.
This court lacks jurisdiction to review Broadway’s sentence. See United States
v. Haskins, 479 F.3d 955, 957 (8th Cir. 2007) (per curiam) (dismissing appeal where
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The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
court lacked jurisdiction under18 U.S.C. § 3742(a) to review a Rule 35(b) sentence
reduction). Accordingly, we grant counsel’s motion to withdraw, and we dismiss for
lack of jurisdiction.
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