United States of America v. Dereck Meyer

17-2562Court of Appeals for the Eighth CircuitDec 28, 2018

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 18-2249
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Dereck Meyer
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: December 06, 2018
Filed: December 11, 2018
[Unpublished]
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Before BENTON, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Dereck Dominick Meyer appeals the sentence the district court imposed after1
revoking his supervised release. In counseled and pro se briefs, Meyer challenges the
The Honorable Leonard T. Strand, Chief Judge, United States District Court1
for the Northern District of Iowa.

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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.
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