U.S. v. SHARKEY

No. 08-3115.

543 F.3d 1236 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick O. SHARKEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 7, 2008.


Attorney(s) appearing for the Case

Patrick O. Sharkey, Pro Se.

Eric F. Melgren, United States Attorney, District of Kansas, Wichita, KS; James A. Brown, Assistant United States Attorney, District of Kansas, Topeka, KS, for Plaintiff-Appellee.

Before BRISCOE, MURPHY, and HARTZ, Circuit Judges.


BRISCOE, Circuit Judge.

Defendant-Appellant Patrick O. Sharkey entered a guilty plea to one count of distribution of cocaine base (i.e., "crack" cocaine) within one thousand feet of a school, in violation of 21 U.S.C. §§ 841(a)(1) and 860(a), and was sentenced to 188 months in prison. Although his plea agreement reserved his right to appeal certain determinations regarding sentencing, Sharkey did not appeal his sentence. Sharkey filed a motion to vacate...

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