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U.S. v. Stricklin

United States Court of Appeals, Eighth Circuit
Sep 9, 2003
342 F.3d 849 (8th Cir. 2003)

Opinion

No. 03-2473.

Submitted: September 2, 2003.

Filed: September 9, 2003.

Appeal from the United States District Court for the District of Nebraska, Lyle E. Strom, J.

Beau G. Finley, argued, Omaha, NE, for appellant.

Maria R. Moran, argued, Asst. U.S. Attorney, Omaha, NE, for appellee.

Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


Derrick Uraye Stricklin appeals his conviction for conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine, entered after the district court denied Stricklin's request to withdraw his guilty plea. A careful review of the record convinces us Stricklin knowingly and voluntarily waived his right to withdraw his plea under Federal Rule of Criminal Procedure 11(d). See United States v. Andis, 333 F.3d 886, 893-94 (8th Cir. 2003) (en banc); United States v. Mooring, 287 F.3d 725, 727-28 (8th Cir.), cert. denied, 537 U.S. 864, 123 S.Ct. 259, 154 L.Ed.2d 106 (2002). The district court repeatedly explained the operation of Rule 11(d) to Stricklin, he acknowledged his understanding of the rule, and he expressly assented to its waiver. See Blackledge v. Allison, 431 U.S. 63, 74, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977); United States v. Gray, 152 F.3d 816, 820 (8th Cir. 1998), cert. denied, 525 U.S. 1169, 119 S.Ct. 1091, 143 L.Ed.2d 91 (1999).

The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.

Accordingly, the judgment is affirmed.


Summaries of

U.S. v. Stricklin

United States Court of Appeals, Eighth Circuit
Sep 9, 2003
342 F.3d 849 (8th Cir. 2003)
Case details for

U.S. v. Stricklin

Case Details

Full title:UNITED STATES of America, Appellee v. Derrick Uraye STRICKLIN, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 9, 2003

Citations

342 F.3d 849 (8th Cir. 2003)

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