This matter is before the court upon the government’s motion to dismiss for lack of jurisdiction.

Edgar Lerma Flores pleaded guilty to conspiracy to distribute cocaine and methamphetamine and was sentenced in 2016 to 300 months of imprisonment. This court affirmed Flores’s sentence in 2018 and Flores’s subsequent attempts to obtain post-conviction relief were unsuccessful. Then, in 2023, Amendment 821 became effective and eliminated “status points” for certain offenders. Pursuant to General Order No. 23-21, the district court sua sponte reviewed Flores’s eligibility for a sentence reduction. On February 14, 2024, the district court issued a “Notice and Order” detailing its findings and informing Flores that the court “does not intend to reduce [his] previously imposed term of incarceration.” Flores has filed a notice of appeal. The government moves to dismiss the appeal, asserting that the district court’s Notice is not a final and appealable order. Flores has filed a response in which he argues that his notice of appeal was timely filed. His response does not, however, address the appealability of the February 14, 2024, Notice.

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For the foregoing reasons, we GRANT the government’s motion to dismiss and DISMISS the appeal for lack of jurisdiction.