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U.S. v. MASON

No. 03-2482.

343 F.3d 893 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. D'Marcus MASON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 2003.

Attorney(s) appearing for the Case

John Earl Dowd, (submitted), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Richard H. Parsons, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before POSNER, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

POSNER, Circuit Judge.

D'Marcus Mason was sentenced to 135 months in prison for a drug offense, having pleaded guilty pursuant to a plea agreement, and he filed a timely notice of appeal. Although he has not yet filed his opening brief, the government has moved to dismiss the appeal, arguing that we lack jurisdiction because Mason waived his appeal rights as part of a plea agreement. (In fact a waiver of appeal rights does not deprive us of our appellate jurisdiction...

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