United States v. Joe Turner

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 16, 2023
• Docket: 22-2681
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2681 ___________________________

United States of America

Plaintiff - Appellee

v.

Joe Lenzie Turner

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________

Submitted: February 13, 2023 Filed: February 16, 2023 [Unpublished] ____________

Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Federal prisoner Joe Turner appeals following the district court’s 1 denial of his motion under Fed. R. Crim. P. 36 filed in his closed criminal case. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

1 The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri. This court concludes the district court’s denial of relief was not an abuse of discretion. See United States v. Howe, 538 F.3d 842, 852-53 (8th Cir. 2008) (standard of review), abrogated on other grounds by United States v. Villareal- Amarillas, 562 F.3d 892 (8th Cir. 2009); United States v. Yakle, 463 F.3d 810, 811 (8th Cir. 2006) (per curiam) (court could not afford movant relief under Rule 36 where “there is no mere scrivener’s mistake”).

The judgment is affirmed. See 8th Cir. R. 47B. Turner’s pending motion to supplement the record is granted. ______________________________

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