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U.S. v. ESPINOSA-TALAMANTES

No. 02-2065.

319 F.3d 1245 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel ESPINOSA-TALAMANTES, also known as Ramon Valles-Lopez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 12, 2003.

Attorney(s) appearing for the Case

Manuel Espinosa-Talamantes, pro se.

David C. Iglesias, United States Attorney, and Laura Fashing, Assistant United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before HENRY, BRISCOE, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

Manual Espinosa-Talamantes (defendant), a federal prisoner appearing pro se, appeals the district court's denial of his motion to modify his term of imprisonment under 18 U.S.C. § 3582(c)(2).1 We conclude that defendant failed to file his notice of appeal within the ten-day period required by Fed.R.App.P. 4(b)(1)(A). However, because defendant filed his notice of appeal...

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