United States v. Joseph Moses

Opinion

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No. 96-2371 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of South Dakota. Joseph Moses, * * [UNPUBLISHED] Appellant. *

Submitted: November 8, 1996

Filed: November 15, 1996 ___________

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges. ___________

PER CURIAM.

Joseph Moses appeals from the 48-month sentence imposed by the district court1 following his guilty plea to distributing methamphetamine, in violation of 21 U.S.C. § 841(a)(1). The sentence reflected a substantial-assistance downward departure from the Guidelines range. We have carefully reviewed the record and conclude Moses knowingly and voluntarily waived his right to appeal under these circumstances. See United States v. Rutan, 956 F.2d 827, 829 (8th Cir. 1992); United States v. Albers, 961 F.2d 710, 712 (8th Cir. 1992).

Accordingly, the appeal is dismissed. Moses's motion to supplement the record with the transcript of a co-defendant is denied.

1 The HONORABLE RICHARD H. BATTEY, Chief Judge, United States District Court for the District of South Dakota. A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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