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UNITED STATES of America, Appellee, v. Sylvester PULLIAM, Appellant

United States Court of Appeals for the Eighth Circuit2003-11-12No. No. 03-2058
80 F. App'x 539

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Opinion

majority opinion

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.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.

The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.