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U.S. v. SALCIDO-CONTRERAS

No. 935, Docket 92-1404.

990 F.2d 51 (1993)

UNITED STATES of America, Appellee, v. Julio SALCIDO-CONTRERAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 31, 1993.

Attorney(s) appearing for the Case

B. Alan Seidler, Nyack, NY, for defendant-appellant.

Susan E. Brune, Asst. U.S. Atty., S.D.N.Y., New York City (Otto G. Obermaier, U.S. Atty., Paul G. Gardephe, Asst. U.S. Atty., S.D.N.Y., on the brief), for appellee.

Before WALKER, McLAUGHLIN, Circuit Judges, BRIEANT, District Judge.

PER CURIAM:

This appeal concerns the enforceability of an agreement not to appeal from a sentence which falls within an agreed range. On January 31, 1992, Julio Salcido-Contreras pled guilty to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 and § 841(b)(1)(B). In the plea agreement, Salcido explicitly waived his right to appeal a sentence falling within a stipulated range of 78 to 97 months. On June 19, 1992, the...

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