Opinion
Case No. 2:03CR670 DAK.
June 10, 2004
ORDER
This matter is before the court on Defendant's Motion to Appeal Sentence and Motion to Withdraw Guilty Plea. Defendant was sentenced on May 26, 2004. The court received Defendant's handwritten motions on June 8, 2004. Defendant's attorney, however, filed a Notice of Appeal on June 6, 2004. Thus, this court does not have jurisdiction to entertain Defendant's motions. In any event, Defendant's Motion to Appeal Sentence is rendered moot by his filing of a Notice of Appeal. Further, even if this court had jurisdiction to entertain Defendant's Motion to Withdraw Guilty Plea, the motion would be denied.
Accordingly, Defendant's Motion to Appeal Sentence is MOOT and Defendant's Motion to Withdraw Guilty Plea is MOOT.