United States v. Thomas Ro

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PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, MICHAEL J. MELLOY and STEVEN M. COLLOTON (UNPUBLISHED) [3880335] [11-1619]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1619 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Thomas Dewayne Ross, also known as * Thomas Dwayne Ross, also known as * [UNPUBLISHED] Dewayne Ross, also known as Wayne, * * Appellant. * ___________ Submitted: December 12, 2011 Filed: February 15, 2012 ___________ Before WOLLMAN, MELLOY, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Thomas Ross appeals the 120-month sentence the district court1 imposed after granting the government’s motion to reduce his sentence pursuant to Federal Rule of Criminal Procedure 35(b). He argues that the extent of the district court’s reduction did not adequately reflect his assistance to the government. This court lacks jurisdiction under 18 U.S.C. § 3742(a) to consider such a challenge to the district 1 The Honorable Richard Kopf, United States District Judge for the District of Nebraska. Appellate Case: 11-1619 Page: 1 Date Filed: 02/15/2012 Entry ID: 3880335 court’s ruling on a Rule 35(b) motion. United States v. Haskins, 479 F.3d 955, 957 (8th Cir. 2007) (per curiam); United States v. Coppedge, 135 F.3d 598, 599 (8th Cir. 1998) (per curiam). Accordingly, the appeal is dismissed. ______________________________ -2- Appellate Case: 11-1619 Page: 2 Date Filed: 02/15/2012 Entry ID: 3880335

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