933 F.2d 1016
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Joseph A. ALI, Defendant-Appellant.
No. 89-10282.
United States Court of Appeals, Ninth Circuit.
Submitted Nov. 21, 1990.*
Decided May 21, 1991.
Before HUG, WILLIAM A. NORRIS and NOONAN, Circuit Judges.
ORDER**
Appellant seeks to appeal from the district court's denial of a motion for reconsideration of his motion to correct his sentence under Fed.R.Crim.P. Rule 35. His motion for reconsideration was untimely because it was not filed within 120 days after the sentence was imposed nor was it filed within 120 days after the district court's receipt of a mandate from the court of appeals. A second Rule 35 motion "will not be deemed to relate back to the first motion.... [n]or is the jurisdictional defect cured by styling the subsequent motion as a 'motion for reconsideration.' " United States v. Hetrick, 644 F.2d 752, 756 (9th Cir.1980).
Appellant did not timely appeal the district court's ruling on the Rule 35 motion. Because the district court had no jurisdiction to consider the subsequent motion for reconsideration, we have no jurisdiction over appellant's attempted appeal from that motion. The appeal must be DISMISSED.