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U.S. v. CONTRERAS-SUBIAS

No. 92-50722.

13 F.3d 1341 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Leonardo CONTRERAS-SUBIAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 7, 1994.

Attorney(s) appearing for the Case

Nicholas De Pento, San Diego, CA, for defendant-appellant.

Warren P. Reese, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before FLETCHER and D.W. NELSON, Circuit Judges, and WILL, Senior District Judge.

FLETCHER, Circuit Judge:

Contreras-Subias pled guilty to possession of marijuana with intent to distribute and money laundering. Due to a mistake in the phrasing of his plea agreement and in the sentence based on it, his prison term as worded was to run both concurrently with and consecutively to another federal sentence he was already serving. The clear intention of the plea agreement and the sentencing judge was that the new sentence run consecutive...

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