United States v. Gibson

284 F. App'x 123

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 25, 2008
• Docket: 07-50858
• Status: Unpublished

Opinion

PER CURIAM: *

Andre Gibson, federal prisoner # 28834-180, appeals, pro se, the district court’s denial of his motion for reconsideration of its order granting the Government’s motion to reduce Gibson’s sentence from 108 to 96 months pursuant to Federal Rule of Criminal Procedure 35(b). Gibson asserts the Government breached its agreement to recommend a greater reduction.

A motion for reconsideration in a criminal proceeding is timely if filed within the period allotted for noticing an appeal; in this instance, within ten days of the order granting the Rule 35(b) motion. See United States v. Brewer, 60 F.Bd 1142, 1143-44 (5th Cir.1995); Fed. R.App. P. 4(b). Gibson’s motion, however, was filed more than fifteen months after the order. Accordingly, it was untimely. See United States v. Cook, 670 F.2d 46, 48-49 (5th Cir.1982).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.