U.S. v. RUVALCABA

No. 93-1714.

9 F.3d 41 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jose RUVALCABA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1993.


Attorney(s) appearing for the Case

Manuel P. Guerrero, St. Paul, MN, argued, for defendant-appellant.

Jeffrey S. Paulsen, Asst. U.S. Atty., Minneapolis, MN, argued, for plaintiff-appellee.

Before JOHN R. GIBSON, MAGILL, and LOKEN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Jose Ruvalcaba appeals from his ten-year sentence imposed following his guilty plea of conspiracy to possess with the intent to distribute marijuana, later determined to exceed 100 kilograms, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B) (1988). He argues that he did not have actual notice of the government's intent to rely on an earlier conviction before he pled guilty, and that the evidence was insufficient to show he...

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