United States v. Marion His Law, Also Known as Charlie Boy His Law , 85 F.3d 379 ( 1996 )

85 F.3d 379

UNITED STATES of America, Appellee,
v.
Marion HIS LAW, also known as Charlie Boy His Law, Appellant.

No. 95-4228.

United States Court of Appeals,
Eighth Circuit.

Submitted April 4, 1996.
Decided June 5, 1996.

Cheryl F. Laurenz-Bogue, Dupree, SD, for appellant.

Thomas J. Wright, Asst. U.S. Atty., Pierre, SD, for appellee.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

1

Marion His Law challenges the sentence the district court1 imposed after he pleaded guilty to distributing and possessing with intent to distribute marijuana, in violation of 21 U.S.C. § 841. The government argues the appeal should be dismissed because His Law agreed in the plea agreement to waive his right to appeal, or challenge via post-conviction writs of habeas corpus or coram nobis, the district court's entry of judgment and imposition of sentence. We construe this as a promise on His Law's part not to appeal his sentence. We have held that a promise made in a plea agreement is binding on the government and may be specifically enforced by a defendant. United States v. Kelly, 18 F.3d 612, 615-16 (8th Cir.1994). We conclude that this principle applies with equal force against defendants and therefore against His Law in this case.

2

We therefore specifically enforce His Law's promise against him by dismissing his appeal.

1

The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota