Opinion
No. 06-1742.
Submitted: November 23, 2007.
Filed: November 29, 2007.
Appeal from the United States District Court for the Western District of Arkansas.
Charles E. Smith, Asst. U.S. Attorney, Kenneth Elser, Kenneth Elser, U.S. Attorney's Office, Fort Smith, AR, for Appellee.
Felix Herrera, Jr., Beaumont, TX, pro se.
Kevin Lee Hickey, Fort Smith, AR, for Appellant.
Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
[UNPUBLISHED]
Felix Herrera, Jr., challenges the district court's order denying his "Motion for Reduction of Sentence (Rule 35)." We construe the motion as a motion to correct Herrera's sentence filed under Federal Rule of Criminal Procedure 35(a). Cf. Fed.R.Crim.P. 35(b) (upon government's motion within 1 year of sentencing, court may reduce sentence for defendant's substantial assistance). We conclude that the district court did not abuse its discretion in denying the motion, as the sentence did not result "from arithmetical, technical, or other clear error." See Fed.R.Crim.P. 35(a); United States v. Peltier, 446 F.3d 911, 913 (8th Cir. 2006) (standard of review).
The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
Accordingly, the judgment is affirmed.