U.S. v. RUTAN

No. 91-1154.

956 F.2d 827 (1992)

UNITED STATES of America, Appellee, v. Robert Michael RUTAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1992.


Attorney(s) appearing for the Case

George Walton Appleby, Des Moines, Iowa, argued, for appellant.

Linda R. Reade, Asst. U.S. Atty., Des Moines, Iowa, argued (Gene W. Shepard, U.S. Atty., on brief), for appellee.

Before MAGILL, BEAM and LOKEN, Circuit Judges.


BEAM, Circuit Judge.

Robert Michael Rutan appeals a sentence imposed under the sentencing guidelines. The government moves to dismiss on the ground that Rutan waived his right to an appeal. We hold that a defendant may, in a valid plea agreement, waive his right to appeal under 18 U.S.C. § 3742(a) (1985), and we hold that Rutan knowingly and voluntarily waived that right. The government's motion is granted and Rutan's appeal is dismissed.

I. BACKGROUND...

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