United States v. Dwight H. Ledbetter

BOWMAN, Circuit Judge.

Dwight H. Ledbetter appeals from the District Court’s 1 order denying his Rule 35 motion to vacate his twenty-one month sentence for violating 18 U.S.C. § 1001 (1982). See Fed.R.Crim.P. 35 (Rule applicable to offenses committed prior to Nov. 1, 1987). Because the District Court lacked jurisdiction to entertain this Rule 35 motion, we dismiss the appeal without prejudice.

Ledbetter was charged in a twenty-six-count indictment stemming from his involvement in a check-kiting scheme. The indictment alleged that Ledbetter, as president of Ozark County Cattle Company, Inc., a…