United States v. Dereck Meyer, No. 18-2249 (8th Cir. 2018)

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Court Description: Per Curiam - Before Benton, Shepherd and Stras, Circuit Judges] Criminal case - Sentencing. The parties jointly recommended the sentence imposed in the case and any challenge to the sentence is foreclosed. [ December 10, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2249 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Dereck Meyer lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: December 06, 2018 Filed: December 11, 2018 [Unpublished] ____________ Before BENTON, SHEPHERD, and STRAS, Circuit Judges. ____________ PER CURIAM. Dereck Dominick Meyer appeals the sentence the district court1 imposed after revoking his supervised release. In counseled and pro se briefs, Meyer challenges the 1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. district court’s classification of his most serious violation as a Grade A violation. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. During the revocation hearing, the parties jointly recommended a revocation sentence of 21 months in prison, Meyer confirmed his agreement to that sentence, and the district court adopted the recommendation and imposed the recommended sentence. This court therefore concludes that any direct challenge to the sentence is foreclosed. See United States v. Nguyen, 46 F.3d 781, 783 (8th Cir. 1995) (“A defendant who explicitly and voluntarily exposes himself to a specific sentence may not challenge that punishment on appeal.”) The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________ -2-