Legal Opinion

United States v. Lovelace

Court of Appeals for the Eighth Circuit

Decided May 19, 2009No. 08-2831PublishedCited by 71 opinions

1Opinion of the Court

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 under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), this court denies the government’s motion, vacates the judgment, and remands for…

2Cases cited41 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. Puckett v. United StatesSupreme Court of the United States · 2009

36 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. United States v. ThompsonCourt of Appeals for the Eighth Circuit · 2011
  2. James Wong v. Bann-Cor MortgageCourt of Appeals for the Eighth Circuit · 2015
  3. United States v. DawsonCourt of Appeals for the Fourth Circuit · 2009
  4. King v. United StatesCourt of Appeals for the Eighth Circuit · 2010
  5. United States v. JonesCourt of Appeals for the Eighth Circuit · 2009

66 more not listed; retrieve them via the Exa API.

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