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U.S. v. DOE

No. 11-1084.

698 F.3d 1284 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 2, 2012.

Attorney(s) appearing for the Case

David M. Koppa , Colorado Springs, CO, for Appellant.

Barbara S. Skalla , Assistant United States Attorney ( John F. Walsh , United States Attorney, with her on the brief), Office of the United States Attorney, Denver, CO, for Appellee.

Before MURPHY, HARTZ, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

John Doe pleaded guilty to two drug trafficking charges in a plea bargain.1 Prior to the plea deal, he filed a motion to dismiss the indictment for breach of an immunity agreement and outrageous governmental conduct. The district court denied the motion.

In the plea agreement, Doe did not negotiate a conditional plea in which he retained the right to appeal the court's ruling, so he cannot appeal unless...

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