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U.S. v. LEDBETTER

No. 88-2492.

882 F.2d 1345 (1989)

UNITED STATES of America, Appellee, v. Dwight H. LEDBETTER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1989.

Attorney(s) appearing for the Case

Thomas M. Dawson, Leavenworth, Kan., for appellant.

J. Daniel Stewart, Kansas City, Mo., for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

BOWMAN, Circuit Judge.

Dwight H. Ledbetter appeals from the District Court's1 order denying his Rule 35 motion to vacate his twenty-one month sentence for violating 18 U.S.C. § 1001 (1982). See Fed.R.Crim.P. 35 (Rule applicable to offenses committed prior to Nov. 1, 1987). Because the District Court lacked jurisdiction to entertain this Rule 35 motion, we dismiss the appeal without prejudice.

Ledbetter was charged in...

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