Judges: Per Curiam
Filed: Nov. 09, 2016
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 9, 2016* Decided November 9, 2016 Before DIANE P. WOOD, Chief Judge JOEL M. FLAUM, Circuit Judge DIANE S. SYKES, Circuit Judge No. 16-1457 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Central District of Illinois. v. No. 13-CR-10064-001 MONTA Y. ANDERSON, Michael
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 9, 2016* Decided November 9, 2016 Before DIANE P. WOOD, Chief Judge JOEL M. FLAUM, Circuit Judge DIANE S. SYKES, Circuit Judge No. 16-1457 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Central District of Illinois. v. No. 13-CR-10064-001 MONTA Y. ANDERSON, Michael ..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted November 9, 2016*
Decided November 9, 2016
Before
DIANE P. WOOD, Chief Judge
JOEL M. FLAUM, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 16‐1457
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Central District of Illinois.
v. No. 13‐CR‐10064‐001
MONTA Y. ANDERSON, Michael M. Mihm,
Defendant‐Appellant. Judge.
O R D E R
Monta Anderson appeals from the denial of his postjudgment motion seeking to
rescind his guilty plea to conspiracy to distribute heroin. See 21 U.S.C. §§ 846, 841(a)(1).
We affirm that decision.
As part of a binding plea agreement, see FED. R. CRIM. P. 11(c)(1)(C), Anderson
stipulated that the conspiracy involved at least a kilogram of heroin and that the heroin
he sold caused James Reader’s overdose and death. The district court sentenced
Anderson to 223 months’ imprisonment and 10 years’ supervised release. Anderson
filed a notice of appeal, but we recently granted his attorney’s request to withdraw
* We have unanimously agreed to decide the case without oral argument because
the dispositive issue has been authoritatively decided. See FED. R. APP. P. 34(a)(2)(B).
No. 16‐1457 Page 2
under Anders and dismissed the appeal. United States v. Anderson No. 15‐3769, 2016 WL
3006890, at *2 (7th Cir. May 24, 2016). Meanwhile, with his direct appeal still pending,
Anderson filed in the district court a pro se motion to withdraw his guilty plea. The
district court denied the motion and told Anderson that he must follow the proper
avenues of appeal now that judgment had been entered. Anderson appeals that decision.
The district court was correct that it could not reach the merits of Anderson’s
motion. Anderson had an appeal pending before this court, and resolving his motion
would have impermissibly disturbed the judgment under review. See Griggs v. Provident
Consumer Discount Co., 459 U.S. 56, 58 (1982); United States v. McHugh, 528 F.3d 538, 540
(7th Cir. 2008). The district court denied Anderson’s motion, but in fact the district court
did not have subject matter jurisdiction because of the pending appeal. Accordingly, we
affirm for lack of subject matter jurisdiction.
AFFIRMED.