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U.S. v. DIAZ-VARGAS

No. 94-1081.

35 F.3d 1221 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Javier DIAZ-VARGAS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 29, 1994.

Attorney(s) appearing for the Case

Barry Rand Elden, Asst. U.S. Atty., Brenda Atkinson, U.S. Atty., Office of U.S. Atty. (argued), Crim. Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee.

John S. Young, Mundelein, IL (argued), for defendant-appellant.

Before CUDAHY, FLAUM and EASTERBROOK, Circuit Judges.

FLAUM, Circuit Judge.

Javier Diaz-Vargas argues that his drug conviction is invalid because he accepted a guilty plea without the court orally advising him that he would not be allowed to later withdraw this plea if the court departed from the government's recommended sentence. We find that any error that may have occurred in this case was harmless, and thus affirm.

I. Background

Diaz-Vargas was indicted on various narcotics offenses and agreed to...

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