UNITED STATES v. VIZCARRA-ANGULO

No. 89-50397.

904 F.2d 22 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro VIZCARRA-ANGULO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred April 11, 1990.

Resubmitted April 20, 1990.

Decided May 29, 1990.


Attorney(s) appearing for the Case

Laura Lynne Elliot, Carlsbad, Cal., for defendant-appellant.

Amalia L. Meza and Roger W. Haines, Jr., Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Before GOODWIN, Chief Judge, TANG, and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

Pedro Vizcarra-Angulo appeals his forty-month sentence for conspiracy to possess heroin with intent to distribute. We dismiss for lack of jurisdiction.

On April 24, 1989, Vizcarra-Angulo pled guilty to one count of violating 21 U.S.C. §§ 846 and 841(a)(1) (1988). In return for his cooperation, the government agreed to recommend a forty-month sentence, which is below the statutory minimum of five years. The presentence report...

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