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US v. Byfield, 06-3182

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.
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