United States DC Circuit

Appeal from a denial of a motion to modify a sentence for possession of cocaine base with intent to distribute is dismissed where: 1) a motion to modify a sentence under 18 U.S.C. section 3582(c)(2) is part of a defendant's criminal proceeding and therefore subject to the 10-day time limit of the Federal Rules of Appellate Procedure; 2) defendant's notice of appeal was untimely filed; and 3) the government's objection to defendant's notice of appeal was proper because it was raised in the government's initial brief.

Appellate Information

• Decided 04/15/2008
• Published 04/15/2008

Judges

• PER CURIAM:, Before: SENTELLE, Chief Judge, and BROWN and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Wayne Byfield, pro se, was on the brief for appellant.


• For Appellees:
  
• Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Elizabeth Trosman, Patricia Stewart, and L. Jackson Thomas II were on the brief for appellee.