United States v. Kenneth L. Ulland, 638 F.2d 1150 (8th Cir. 1981). · Go Syfert
United States v. Kenneth L. Ulland, 638 F.2d 1150 (8th Cir. 1981). Cases Citing This Book View Copy Cite
6 citation events across 2 distinct courts.
Strongest positive: United States v. Van Thournout (ca8, 1996-11-13)
Top citers, strongest first. 5 distinct citers.
cited Cited as authority (rule) United States v. Van Thournout
8th Cir. · 1996 · confidence medium
E.g., United States v. Murphy, 899 F.2d 714, 716 (8th Cir.1990); United States v. Ulland, 638 F.2d 1150, 1151 (8th Cir.1981) (per curiam).
discussed Cited "see" United States v. Leslie Charles Cohen
8th Cir. · 1995 · signal: see · confidence high
See United States v. Ulland, 638 F.2d 1150, 1151 (8th Cir.1981) (per cu-riam) (listing options of: 1) motion to withdraw guilty plea; 2) motion to reduce or correct sentence; and 3) petition to set aside conviction).
cited Cited "see" United States v. Warren McCray
8th Cir. · 1988 · signal: see · confidence high
See United States v. Ulland, 638 F.2d 1150, 1151 (8th Cir.1981).
cited Cited "see" United States v. Kenneth Ulland
8th Cir. · 1981 · signal: see · confidence high
See United States v. Ulland, 638 F.2d 1150 (8th Cir. 1981) (per curiam). 3 .
cited Cited "see, e.g." United States v. James Van Buren
6th Cir. · 1986 · signal: see also · confidence low
See also United States v. Ulland, 638 F.2d 1150 (8th Cir.1981); United States v. Mims, 440 F.2d 643 (8th Cir.1971).
UNITED STATES of America, Appellee,
v.
Kenneth L. ULLAND, Appellant
80-1609.
Court of Appeals for the Eighth Circuit.
Jan 30, 1981.
638 F.2d 1150
Bruce Aarestad, Fargo, N. D., for appellant Kenneth L. Ulland., James R. Britton, U. S. Atty., Lynn E. Crooks, Asst. U. S. Atty., Fargo, N. D., for appellee.
Arnold, Heaney, Per Curiam, Ross.
Cited by 6 opinions  |  Published
PER CURIAM.

Defendant appeals from his conviction, on plea of guilty, of two counts of willful failure to file an income-tax return, in violation of 26 U.S.C. § 7203. He claims that[*1151] his plea of guilty was based on a plea agreement under which the United States promised, inter alia, that it would recommend to the District Court [1] that sentencing in this case be delayed until final disposition, including appeal, of another criminal prosecution against defendant, United States v. Kenneth L. Ulland, now pending in this Court as No. 80-1610. The Government says it made no such promise.

We have concluded that the appeal must be dismissed under 8th Cir. R. 9(a). Whether a plea bargain was not kept, like the claim that a guilty plea was involuntary, is an issue not cognizable on direct appeal. See United States v. Mims, 440 F.2d 643 (8th Cir. 1971) (per curiam). The issue must first be presented to the District Court, by motion to withdraw the plea of guilty under Fed.R.Crim.P. 32(d), by motion to reduce or correct the sentence under Fed.R.Crim.P. 35, or by petition to set aside the conviction under 28 U.S.C. § 2255.

The appeal is dismissed.

1

. The Hon. Paul Benson, Chief Judge, United States District Court for the District of North Dakota.