United States v. Eugene C. Kirk, Sr.

This is an appeal by defendant Eugene C. Kirk, Sr. from a denial of a motion for reduction of sentence filed pursuant to Fed.R.Crim.P. 35. The district court questioned its jurisdiction but concluded “Defendant’s motion would be denied in any event.” We too question jurisdiction, and order dismissal.

Defendant Kirk was tried and convicted of distributing heroin, conspiracy to distrib ute heroin, and engaging in a continuing criminal enterprise. He was sentenced to forty years on the continuing criminal enterprise count and forty years with a special parole term on all the other offenses, the…