U.S. v. Neff

Federal 7th Circuit Court
Criminal Court
Appellate Procedure
Citation
Case Number: 
No. 08-3643
Decision Date: 
March 11, 2010
Federal District: 
C.D. Ill.
Holding: 
Affirmed
Ct. of Appeals had jurisdiction to consider defendant’s appeal of his enhanced 252-month sentence as armed career criminal, even though defendant did not file his notice of appeal until after deadline set forth in Fed. Rule of App. Pro. 4(b), since time limits contained in Rule 4(b) are not jurisdictional and can be forfeited. On merits, Dist. Ct. properly found that defendant was ineligible for sentence reduction since Federal Sentence Guideline Amendment 709, concerning treatment of certain prior convictions for purposes of calculating criminal history category, was not retroactive.