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U.S. v. GASTELUM

No. 92-10492.

16 F.3d 996 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Abelardo Elenes GASTELUM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 9, 1994.

Attorney(s) appearing for the Case

John P. Balazs, Federal Public Defender's Office, Fresno, California, for the defendant-appellant.

Kathleen A. Servatius, Assistant United States Attorney, Fresno, California, for the plaintiff-appellee.

Before: REINHARDT and LEAVY, Circuit Judges, and MERHIGE, Senior District Judge.

REINHARDT, Circuit Judge:

I. INTRODUCTION

On May 13, 1992, Abelardo Elenes Gastelum pleaded guilty to one count of conspiracy to possess cocaine with intent to distribute (21 U.S.C. § 846), and one count of possession of cocaine with intent to distribute (21 U.S.C. § 841(a)(1)). Although Fed.R.Crim. Pro. 11(c)(3) requires a district court to inform a defendant of certain constitutional rights "before accepting a plea of guilty," the court...

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