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United States v. Akens

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Submitted: December 16, 2009

Before LOKEN,*fn1 Chief Judge, ARNOLD and BENTON, Circuit Judges.

Joseph Allen Akens and the government agreed to waive their rights to appeal if the district court*fn2 sentenced him to 140 months. Akens pled guilty to being a felon in possession of a firearm, and possessing marijuana with intent to distribute. Akens moved (unsuccessfully) to withdraw his plea, and was later sentenced to 140 months. He appeals, claiming the district court should have allowed him to withdraw his guilty plea, and asserting other sentencing errors. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, this court affirms.

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