NONPRECEDENTIAL DISPOSITION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 October 30, 2008
Decided November 18, 2008
Before
WILLIAM J. BAUER, Circuit Judge
JOHN L. COFFEY, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
No. 08‐2129
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Southern District of Indiana,
Evansville Division.
v.
No. 3:06CR00038‐015
AHMAD FLEMMING,
Defendant‐Appellant. Richard L. Young,
Judge.
O R D E R
In 2008 Ahmad Flemming pleaded guilty to conspiring to possess with intent to
distribute crack cocaine. See 21 U.S.C. §§ 846, 841(a)(1). The parties agreed on page two of
Flemming’s plea agreement to a specific sentence of 240 months’ imprisonment—the
mandatory minimum given the amount of crack and Flemming’s prior drug‐felony
conviction. See 21 U.S.C. § 841(b)(1)(A); FED. R. CRIM. P. 11(c)(1)(C). The district court
accepted the plea agreement and sentenced Flemming, as agreed, to 240 months’
imprisonment. See FED. R. CRIM. P. 11(c)(1)(C).
Flemming has filed a notice of appeal, hoping to challenge his prison sentence (but
not his guilty plea). We lack jurisdiction, however. Under 18 U.S.C. § 3742, a defendant
No. 08‐2129 Page 2
who agrees to a specific sentence cannot appeal the sentence imposed except in three
narrow circumstances: if his guilty plea was involuntary, if the sentence he received is
greater than the sentence he bargained for, or if his sentence was imposed in violation of
law. See id. § 3742(a)(1), (c)(1); United States v. Gibson, 490 F.3d 604, 607 (7th Cir. 2007);
United States v. Cieslowski, 410 F.3d 353, 363‐64 (7th Cir. 2005); United States v. Barnes, 83 F.3d
934, 941 (7th Cir. 1996). Flemming does not want his plea set aside, so the first possibility is
out. And the second is not tenable because Flemming’s prison sentence tracks the
agreement. As for the third possibility, Flemming’s sentence is the lowest permitted by law.
See 21 U.S.C. § 841(b)(1)(A). Because we do not have jurisdiction, we need not reach
counsel’s motion to withdraw under Anders v. California, 386 U.S. 738 (1967).
DISMISSED.