United States v. Antonio Triplett

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-1367
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Western
* District of Arkansas.
Antonio Triplett, *
*
Appellant. *
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Submitted: June 8, 2007
Filed: July 23, 2007
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Before COLLOTON, BEAM, and BENTON, Circuit Judges.
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PER CURIAM.
Antonio Triplett appeals the district court’s1 order denying his motion to
reconsider the denial of his motion for a substantial-assistance downward departure.
Triplett’s notice of appeal is untimely as to the denial of his initial departure motion,
see Fed. R. App. P. 4(b)(1)(A)(I) (in criminal case, notice of appeal must be filed
within 10 days after entry of either judgment or order being appealed), and we find it
was proper to deny his motion to reconsider. Accordingly, we affirm. See 8th Cir. R.
47B.
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1
The Honorable Robert T. Dawson, United States District Judge for the Western
District of Arkansas.