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U.S. v. CLAYTON

No. 04-3394.

416 F.3d 1236 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Dale CLAYTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 1, 2005.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Raymond P. Moore, Federal Public Defender and Jill M. Wichlens, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

Eric F. Melgren, United States Attorney and James A. Brown, Assistant United States Attorney, Topeka, KS, for Plaintiff-Appellee.

Before SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.

HARTZ, Circuit Judge.

Defendant Dale Clayton pleaded guilty to one count of distribution of a mixture or substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. § 841(a)(1). The plea agreement included the following waiver of his right to appeal his conviction and sentence:

9. Waiver of Appeal and Collateral Attack. Defendant knowingly and voluntarily waives any right to any appeal or collateral...

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