United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 96-1298

United States of America, Appellee, v. James Athel Parent, Appellant.

Submitted: April 21, 1997 Filed: May 1, 1997

Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges.

PER CURIAM.

James Athel Parent appeals from the final order of the United States 1District Court for the Western District of Arkansas, granting his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2), but not reducing his sentence below the mandatory minimum 120-month sentence required by 21 U.S.C. § 841(b)(1)(A)(vii). Because Parent filed his notice of appeal more than ten days after entry of the order, we lack jurisdiction to review the merits of his appeal. See Fed. R. App. P. 4(b); United States v. Petty, 82 F.3d 809, 810 (8th Cir. 1996) (per curiam) (Rule 4(b) applies to appeals from denial of §3582(c)(2)

motion; timely notice of appeal is both mandatory and jurisdictional).

Accordingly, we dismiss the appeal for lack of jurisdiction.

A true copy. Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States District Court for the

Western District of Arkansas

[UNPUBLISHED]

[1] The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas.