United States of America, Plaintiff--appellee, v. Troy Fairbanks, Defendant--appellant, 144 F.3d 586 (8th Cir. 1998)

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U.S. Court of Appeals for the Eighth Circuit - 144 F.3d 586 (8th Cir. 1998) Submitted May 1, 1998. Decided May 21, 1998

James D. Leach, Rapid City, SD, for Defendant-Appellant.

Mary A. Vargo, Rapid City, SD (Karen E. Schreier, U.S.Atty., on the brief), for Plaintiff-Appellee.

Before FAGG, BEAM, and HANSEN, Circuit Judges.


Troy Fairbanks appeals from the 210-month sentence imposed by the district court1  after he pleaded guilty to drug charges. The government has moved to dismiss Fairbanks's appeal, correctly noting that Fairbanks waived his right to appeal his sentence in the plea agreement. Fairbanks argues that he should not be bound by his promise because the government breached the plea agreement. Because Fairbanks failed to raise the government's alleged breach at sentencing, we decline to address this argument. See United States v. Wullschleger, No. 96-3957, 1997 WL 337554, at * 1 (8th Cir. 1997) (unpublished) (declining to consider similar argument where appellant did not raise government's alleged breach of plea agreement at sentencing). We therefore specifically enforce Fairbanks's promise against him by granting the government's motion to dismiss. See United States v. His Law, 85 F.3d 379, 379 (8th Cir. 1996).

The appeal is dismissed.


The Honorable Richard H. Battey, Chief Judge, United States District Court for the District of South Dakota