United States v. Andrea L. Arps, 197 F.3d 1202 (8th Cir. 1999). · Go Syfert
United States v. Andrea L. Arps, 197 F.3d 1202 (8th Cir. 1999). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: United States v. Lawrence S. Rowan (ca8, 2002-02-20)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "see" United States v. Lawrence S. Rowan
8th Cir. · 2002 · signal: see · confidence high
See United States v. Arps, 197 F.3d 1202, 1203 (8th Cir.1999) (per curiam).
discussed Cited "see" United States v. G. Vasquez-Rodriguez
8th Cir. · 2001 · signal: see · confidence high
See United States v. Arps, 197 F.3d 1202, 1203 (8th Cir.1999) (per curiam) (challenge to extent of downward departure is unreviewable); United States v. Nguyen, 46 F.3d 781, 783 (8th Cir.1995) (defendant who explicitly and voluntarily exposes himself to specific sentence may not challenge that punishment on appeal); United States v. Dutches 8 F.3d 11, 12 (8th Cir.1993) (extent of downward departure is unreviewable, regardless of court’s reasons for retraining from departing further).
cited Cited "see" United States v. Noe Lopez-Valdez
8th Cir. · 2000 · signal: see · confidence high
See United States v. Arps, 197 F.3d 1202, 1203 (8th Cir. 1999) (per curiam).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Andrea L. ARPS, Appellant
99-1881.
Court of Appeals for the Eighth Circuit.
Dec 3, 1999.
197 F.3d 1202
Bradley P. Roth, Stephanie R. Hupp, Lincoln, NE, argued, for Appellant., Janice M. Lipovsky, Special Assistant U.S. Atty., Lincoln, NE, argued (Thomas J. Monaghan, on the brief), for Appellee.
McMillian, Arnold, Hansen.
Cited by 3 opinions  |  Published
PER CURIAM.

Andrea Arps pleaded guilty to one count of conspiring to distribute and possess with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and 18 U.S.C. § 2. After granting Arps’s motion to compel the government to file a substantial-assistance downward-departure motion under U.S. Sentencing Guidelines Manual § 5K1.1, p.s. (1997), the district court [1] sentenced Arps to 156 months imprisonment and 5 years supervised release. On appeal, Arps argues that his guilty plea was involuntary because the government had promised that he would receive the statutory minimum sentence and that his trial counsel rendered ineffective assistance by promising that he would receive the statutory minimum sentence. Arps also contends that the district court erred in failing to depart further from the Guidelines and grossly abused its discretion in sentencing him to 156 months imprisonment.

We conclude that Arps’s argument regarding the voluntariness of his guilty plea is not renewable because he did not present it to the district court, see United States v. Murphy, 899 F.2d 714, 716 (8th Cir.1990); that his ineffective assistance claim should be raised in a habeas proceeding, see United States v. Martin, 59 F.3d 767, 771 (8th Cir.1995); that his challenge to the extent of the court’s downward departure is also not reviewable, see United States v. Dutcher, 8 F.3d 11, 12 (8th Cir.1993); and that we lack jurisdiction to review Arps’s contention that the court grossly abused its discretion in imposing a 156 month sentence, see 18 U.S.C. § 3742(a).

Accordingly, we affirm the judgment of the district court.

1

. The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.