Defendant appealed his conviction and sentence for drug distribution, challenging the voluntariness of his plea and the sentence imposed by the district court.
Where defendant had withdrawn his motion to withdraw his plea, he could not challenge the voluntariness of the plea on appeal, and the appeal waiver in his plea agreement barred his challenge to his sentence.
Appeal is dismissed.
U.S. v. Elliott (MLW No. 80531/Case No. 23-1648 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Pitlyk, J.