UNITED STATES v. CRUZ

No. 82-1600.

709 F.2d 111 (1983)

UNITED STATES of America, Appellee, v. Carlos Rodriguez CRUZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 8, 1983.


Attorney(s) appearing for the Case

Nicolas Nogueras, Jr., San Juan, P.R., for appellant.

Jose A. Quiles, U.S. Atty., Hato Rey, P.R., for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

The question in this case is whether a district court judge can unqualifiedly accept a bargained guilty plea and subsequently reject it on the basis of information contained in the presentence reports of the defendant and two codefendants. A rehearsal of the proceedings below is necessary.

Defendant-appellant, Carlos Rodriguez Cruz, was indicted on July 8, 1981, for aiding and abetting and possessing with intent to distribute one hundred...

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