United States v. Troy Fairbanks, 144 F.3d 586 (8th Cir. 1998). · Go Syfert
United States v. Troy Fairbanks, 144 F.3d 586 (8th Cir. 1998). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: United States v. Richard Lovelace (ca8, 2009-05-19)
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discussed Cited as authority (rule) United States v. Richard Lovelace (2×)
8th Cir. · 2009 · confidence medium
Therefore, defendant understands that any appeal or other post-conviction relief defendant might seek should be summarily dismissed by the Court in which it is filed. -4- 144 F.3d 586, 586 (8th Cir. 1998) (per curiam) (“Fairbanks argues that he should not be bound by his promise [not to appeal] because the government breached the plea agreement.
discussed Cited "see" United States v. Lovelace
8th Cir. · 2009 · signal: see · confidence high
See United States v. Fairbanks, 144 F.3d 586, 586 (8th Cir.1998) (per curiam) (“Fairbanks argues that he should not be bound by his promise [not to appeal] because the government breached the plea agreement.
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UNITED STATES of America, Plaintiff-Appellee,
v.
Troy FAIRBANKS, Defendant-Appellant
97-3611.
Court of Appeals for the Eighth Circuit.
May 21, 1998.
144 F.3d 586
James D. Leach, Rapid City, SD, for Defendan1>-Appellant., Mary A. Vargó, Rapid City, SD (Karen E. Schreier, U.S.Atty., on the brief), for Plaintiff-Appellee. ,
Fagg, Beam, Hansen.
Cited by 2 opinions  |  Published
PER CURIAM.

Troy Fairbanks appeals from the 210-month sentence imposed by the district court [1] after he pleaded guilty to drug charges. The government has moved to dismiss Fairbanks’s appeal, correctly noting that Fairbanks waived his right to appeal his sentence in the plea agreement. Fairbanks argues that he should not be bound by his promise because the government breached the plea agreement. Because Fairbanks failed to raise the government’s alleged breach at sentencing, we decline to address this argument. See United States v. Wullschleger, No. 96-3957, 1997 WL 337554, at *1 (8th Cir.1997) (unpublished) (declining to consider similar argument where appellant did not raise government’s alleged breach of plea agreement at sentencing). We therefore specifically enforce Fairbanks’s promise against him by granting the government’s motion to dismiss. See United States v. His Law, 85 F.3d 379, 379 (8th Cir.1996).

The appeal is dismissed.

1

. The Honorable Richard H. Battey, Chief Judge, United States District Court for the District of South Dakota.