United States Eighth Circuit

After pleading guilty to unlawful re-entry into the US after deportation, defendant did not waive the right to appeal "imposition of a sentence in violation of the law apart from the sentencing guidelines" where that right was expressly reserved in plea agreement; Apprendi challenge to 8 U.S.C. Sec. 1326(a) rejected.

Appellate Information

• Decided 04/19/2002
• Published 04/19/2002

Judges

• HANSEN, Circuit Judge., Before:  HANSEN, Chief Judge, HEANEY and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Virginia G. Villa, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Lisa A. Biersay, Asst. U.S. Atty., argued, Minneapolis, MN, for appellee.