United States Eighth Circuit

An appeal from a denial of defendant's motion to withdraw his guilty plea to assault with a dangerous weapon with intent to do bodily harm is dismissed where enforcing the waiver provision in defendant's plea agreement would not result in a miscarriage of justice because Supreme Court precedent barred defendant's only argument.

Appellate Information

• Decided 12/08/2008
• Published 12/08/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Carl F. Haberstick, Huron, SD, for appellant.


• For Appellees:
  
• Eric D. Kelderman, AUSA, Pierre, SD, for appellee.