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U.S. v. MATEO

No. 90-1592.

950 F.2d 44 (1991)

UNITED STATES of America, Appellee, v. David MATEO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 27, 1991.

Attorney(s) appearing for the Case

Albert C. Bielitz, Jr., Cambridge, Mass. with whom Jillyn K. Schulze, Baltimore, Md. and Law Office of Albert C. Bielitz, Jr., Cambridge, Mass., were on brief for defendant, appellant.

Lawrence D. Gaynor, Asst. U.S. Atty. with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for appellee.

Before SELYA and CYR, Circuit Judges, and STAHL, District Judge.

CYR, Circuit Judge.

David Mateo appeals his conviction and sentence for possessing heroin with intent to distribute. Mateo claims that he was convicted on an invalid guilty plea and sentenced without the assistance of counsel or the effective assistance of counsel. We affirm the conviction, vacate the sentence, and remand for resentencing.

I

DISCUSSION

1. Rule 11

Appellant Mateo claims that his conviction must be set aside...

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