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U.S. v. PRIETO-DURAN

No. 94-2071.

39 F.3d 1119 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis PRIETO-DURAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 8, 1994.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Richard C. Cauble, Las Cruces, NM, for defendant-appellant.

John J. Kelly, U.S. Atty., and Tara C. Neda, Asst. U.S. Atty., Albuquerque, NM, for plaintiff-appellee.

Before SEYMOUR, Chief Judge, McKAY, and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

Mr. Prieto-Duran appeals the imposition of a seventy-two-month sentence for drug offenses. The sentence was pursuant to a valid plea agreement, or Memorandum of Understanding, under Fed.R.Crim.P. 11(e)(1)(c). According to 18 U.S.C. § 3742(c), "In the case of a plea agreement that includes a specific sentence under rule 11(e)(1)(c) of the Federal Rules of Criminal Procedure a defendant may not file a notice of appeal under paragraph (3) ...

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