Legal Opinion
United States v. Donelle Fleming
Court of Appeals for the Sixth Circuit
Decided February 5, 2001No. 99-5510PublishedCited by 171 opinions
1Opinion of the Court
OPINION
BATCHELDER, Circuit Judge.
The Petitioner, Donelle Fleming, seeks review of his conviction, claiming that although he had waived his right to appeal pursuant to a valid plea agreement, during the sentencing proceeding the district court restored his right to appeal. Fleming also claims that the Hobbs Act, as applied to him, is an unconstitutional extension of congressional authority. Because we hold that a sentencing court cannot unilaterally restore a right to appeal that has been waived by the defendant pursuant to a valid plea agreement, we will dismiss the appeal.
I
Donelle Fleming…
2Cases cited13 opinions
- Town of Newton v. RumerySupreme Court of the United States · 1987
- United States v. Lawrence BuchananCourt of Appeals for the Ninth Circuit · 1995
- United States v. Harry Lee MichelsenCourt of Appeals for the Eighth Circuit · 1998
- United States v. Robert Michael RutanCourt of Appeals for the Eighth Circuit · 1992
- United States v. Jesus Antonio Partida-ParraCourt of Appeals for the Ninth Circuit · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by171 opinions
- United States v. John Robert AndisCourt of Appeals for the Eighth Circuit · 2003
- United States v. HahnCourt of Appeals for the Tenth Circuit · 2004
- United States v. TeeterCourt of Appeals for the First Circuit · 2001
- United States v. Gul Khan KhattakCourt of Appeals for the Third Circuit · 2001
- United States v. Ricky A. CaruthersCourt of Appeals for the Sixth Circuit · 2006
166 more not listed; retrieve them via the Exa API.