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U.S. v. FRYE

No. 03-16377 Non-Argument Calendar.

402 F.3d 1123 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil Ray FRYE, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 11, 2005.

Attorney(s) appearing for the Case

Domingo Soto, Madden & Soto, Mobile, AL, for Defendant-Appellant.

Richard H. Loftin, Mobile, AL, for Plaintiff-Appellee.

Before CARNES, MARCUS and PRYOR, Circuit Judges.

PER CURIAM:

We withdraw our previous opinion, United States v. Frye, No. 03-16377, 2005 WL 315563 (11th Cir. Feb. 10, 2005), and substitute the following judgment and opinion. We now dismiss the appeal of the alleged sentencing errors based on the appeal waiver in the plea agreement.

This appeal presents four issues, the second of which is an issue of first impression in the Eleventh Circuit: (1) whether Cecil Ray Frye Jr.'s guilty plea to one count...

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