United States v. Felix Herrera, Jr.

256 F. App'x 24

Opinion

PER CURIAM.

Felix Herrera, Jr., challenges the district court’s 1 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.CrimP. 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).

Accordingly, the judgment is affirmed.

1 . The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.