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U.S. v. LOVELACE

No. 08-2831.

565 F.3d 1080 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Wayne LOVELACE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2009.

Attorney(s) appearing for the Case

Richard J. Henderson, AFPD, argued, Fargo, ND, for appellant.

Keith Reisenauer, AUSA, argued, Fargo, ND, for appellee.

Before LOKEN, Chief Judge, and MELLOY and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Richard Wayne Lovelace pled guilty, by a plea agreement, to being a felon in possession of ammunition. See 18 U.S.C. §§ 922(g)(1), 924(a)(2). He contends, for the first time on appeal, that the government breached the agreement at sentencing and that the district court relied on an improper sentencing process. The government moved to dismiss this appeal, citing the waiver of appellate rights in the plea agreement. Having jurisdiction...

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