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U.S. v. FLEMING

No. 99-5510.

239 F.3d 761 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Donelle FLEMING, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 5, 2001.

Attorney(s) appearing for the Case

ARGUED: Richard J. Head, Louisville, Kentucky, for Appellant.

Marisa J. Ford, ASSISTANT UNITED STATES ATTORNEY, Louisville, Kentucky, for Appellee.

ON BRIEF: Richard J. Head, Louisville, Kentucky, for Appellant.

Marisa J. Ford, Terry M. Cushing, ASSISTANT UNITED STATES ATTORNEYS, Louisville, Kentucky, for Appellee.

Before: BATCHELDER, COLE, and GIBSON, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

ALICE M. BATCHELDER, Circuit Judge.

The Petitioner, Donelle Fleming, seeks review of his conviction, claiming that although he had waived his right to appeal pursuant to a valid plea agreement, during the sentencing proceeding the district court restored his right to appeal. Fleming also claims that the Hobbs Act, as applied to him, is an unconstitutional extension of congressional authority. Because we...

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