United States Eighth Circuit

Life imprisonment was the mandatory sentence for defendant's crime of first-degree murder, which occurred on a reservation, and the district court erred in sentencing him to a thirty-five year term in accordance with plea agreement; because there can be no agreement to an illegal sentence, defendant is entitled to withdraw his plea of guilty.

Appellate Information

• Decided 04/08/2002
• Published 04/08/2002

Judges

• FAGG, Circuit Judge., BEFORE:  McMILLIAN, FAGG, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lynn M. Boughey, argued, Minot, ND, for appellant.


• For Appellees:
  
• David L. Peterson, Assist. U.S. Atty., argued, Bismarck, ND, for appellee.