United States of America v. Joe Lenzie Turner

United States Court of Appeals
For the Eighth Circuit
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No. 22-2681
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United States of America
Plaintiff - Appellee
v.
Joe Lenzie Turner
Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: February 13, 2023
Filed: February 16, 2023
[Unpublished]
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Before COLLOTON, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Federal prisoner Joe Turner appeals following the district court’s1 denial of
his motion under Fed. R. Crim. P. 36 filed in his closed criminal case. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
1 The Honorable John A. Ross, United States District Judge for the Eastern
District of Missouri.

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-2-
This court concludes the district court’s denial of relief was not an abuse of
discretion. See United States v. Howe, 538 F.3d 842, 852-53 (8th Cir. 2008)
(standard of review), abrogated on other grounds by United States v. Villareal-
Amarillas, 562 F.3d 892 (8th Cir. 2009); United States v. Yakle, 463 F.3d 810, 811
(8th Cir. 2006) (per curiam) (court could not afford movant relief under Rule 36
where “there is no mere scrivener’s mistake”).
The judgment is affirmed. See 8th Cir. R. 47B. Turner’s pending motion to
supplement the record is granted.
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