Worley

MEMORANDUM *

Dennis Eugene Worley appeals the district court’s order denying his motion to reconsider the court’s order allowing the government’s withdrawal of its motion pursuant to Federal Rule of Criminal Procedure 35(b) for reduction of sentence based on substantial assistance to the government. We review de novo the district court’s assumption of jurisdiction. United States v. Bennett, 147 F.3d 912, 913 (9th Cir.1998). We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand with instructions to dismiss for lack of jurisdiction.

The government filed one Rule 35(b) motion, captioning it in both CR 98-123-BLG-JDS (“the drug case”) and CR 99-112-BLG-JDS (“the prostitution case”). The government filed its motion in October 2001, within one year of sentencing in the prostitution case (November 2000), but more than one year from sentencing in the drug case (May 2000). The government then moved to withdraw its Rule 35(b) motion, but captioned its withdrawal motion only in the drug case. The district court granted the withdrawal motion, captioning its order only in the drug case. This appeal concerns only the district court’s resolution of the Rule 35(b) motion in the…