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United States v. Kenneth L. Ulland

UNITED STATES of America, Appellee, v. Kenneth L. ULLAND, Appellant

United States v. Ulland, 638 F.2d 1150 (8th Cir. 1981)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
January 30, 1981
Docket
No. 80-1609
Judges
Arnold, Heaney, Per Curiam, Ross
Citations
638 F.2d 11501981 U.S. App. LEXIS 20558

Opinion — Per Curiam

PER CURIAM.

Defendant appeals from his conviction, on plea of guilty, of two counts of willful failure to file an income-tax return, in violation of 26 U.S.C. § 7203 . He claims that *1151 his plea of guilty was based on a plea agreement under which the United States promised, inter alia, that it would recommend to the District Court 1

that sentencing in this case be delayed until final disposition, including appeal, of another criminal prosecution against defendant, United States v. Kenneth L. Ulland, now pending in this Court as No. 80-1610. The Government says it made no such promise.

We have concluded that the appeal must be dismissed under 8th Cir. R. 9(a). Whether a plea bargain was not kept, like the claim that a guilty plea was involuntary, is an issue not cognizable on direct appeal. See United States v. Mims, 440 F.2d 643 (8th Cir. 1971) (per curiam). The issue must first be presented to the District Court, by motion to withdraw the plea of guilty under Fed.R.Crim.P. 32(d), by motion to reduce or correct the sentence under Fed.R.Crim.P. 35, or by petition to set aside the conviction under 28 U.S.C. § 2255 .

The appeal is dismissed.

1

. The Hon. Paul Benson, Chief Judge, United States District Court for the District of North Dakota.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 11986: 11988: 11990: 11995: 11996: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. United States v. Charles Lester Murphy899 F.2d 714 (8th Cir. 1990)
  2. United States v. Van Thournout100 F.3d 590 (8th Cir. 1996)
  3. United States v. James Van Buren804 F.2d 888 (6th Cir. 1986)
  4. United States v. Warren McCray849 F.2d 304 (8th Cir. 1988)
  5. United States v. Leslie Charles Cohen60 F.3d 460 (8th Cir. 1995)
  6. United States v. Kenneth Ulland643 F.2d 537 (8th Cir. 1981)

Most recent

  1. United States v. Van Thournout100 F.3d 590 (8th Cir. 1996)
  2. United States v. Leslie Charles Cohen60 F.3d 460 (8th Cir. 1995)
  3. United States v. Charles Lester Murphy899 F.2d 714 (8th Cir. 1990)
  4. United States v. Warren McCray849 F.2d 304 (8th Cir. 1988)
  5. United States v. James Van Buren804 F.2d 888 (6th Cir. 1986)
  6. United States v. Kenneth Ulland643 F.2d 537 (8th Cir. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Mims, 440 F.2d 643 (8th Cir. 1971) 16

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