USA v. Monta Anderson, No. 16-1457 (7th Cir. 2016)
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 9, 2016* Decided November 9, 2016 Before DIANE P. WOOD, Chief Judge JOEL M. FLAUM, Circuit Judge DIANE S. SYKES, Circuit Judge No. 16 1457 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MONTA Y. ANDERSON, Defendant Appellant. Appeal from the United States District Court for the Central District of Illinois. No. 13 CR 10064 001 Michael M. Mihm, Judge. O R D E R Monta Anderson appeals from the denial of his postjudgment motion seeking to rescind his guilty plea to conspiracy to distribute heroin. See 21 U.S.C. §§ 846, 841(a)(1). We affirm that decision. As part of a binding plea agreement, see FED. R. CRIM. P. 11(c)(1)(C), Anderson stipulated that the conspiracy involved at least a kilogram of heroin and that the heroin he sold caused James Reader’s overdose and death. The district court sentenced Anderson to 223 months’ imprisonment and 10 years’ supervised release. Anderson filed a notice of appeal, but we recently granted his attorney’s request to withdraw * We have unanimously agreed to decide the case without oral argument because the dispositive issue has been authoritatively decided. See FED. R. APP. P. 34(a)(2)(B). No. 16 1457 Page 2 under Anders and dismissed the appeal. United States v. Anderson No. 15 3769, 2016 WL 3006890, at *2 (7th Cir. May 24, 2016). Meanwhile, with his direct appeal still pending, Anderson filed in the district court a pro se motion to withdraw his guilty plea. The district court denied the motion and told Anderson that he must follow the proper avenues of appeal now that judgment had been entered. Anderson appeals that decision. The district court was correct that it could not reach the merits of Anderson’s motion. Anderson had an appeal pending before this court, and resolving his motion would have impermissibly disturbed the judgment under review. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982); United States v. McHugh, 528 F.3d 538, 540 (7th Cir. 2008). The district court denied Anderson’s motion, but in fact the district court did not have subject matter jurisdiction because of the pending appeal. Accordingly, we affirm for lack of subject matter jurisdiction. AFFIRMED.
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