United States Eighth Circuit

Defendant's appeal from his sentence for knowingly possessing five grams or more of cocaine base with intent to distribute is dismissed where: 1) defendant did not allege that he entered into either the plea agreement or the appeal waiver unknowingly or involuntarily, and nothing in the record suggested that he did so; and 2) because defendant's sentence was unaffected by 18 U.S.C. section 841(b)(1)(B)(iii), he did not demonstrate a causal connection between his injury (i.e., his sentence) and the mandatory minimum sentence contained in section 841(b)(1)(B)(iii).

Appellate Information

• Decided 12/08/2010
• Published 12/08/2010

Judges

• Bobby E. Shepherd

Court

• United States Eighth Circuit

Counsel