U.S. v. CORDOVA-PEREZ

No. 94-30298.

65 F.3d 1552 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Oswaldo CORDOVA-PEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1995.


Attorney(s) appearing for the Case

Michael Donahoe, Assistant Federal Public Defender, Helena, MT, for defendant-appellant.

Robert J. Brooks, Assistant United States Attorney, Butte, MT, for plaintiff-appellee.

Before: SKOPIL, FERGUSON and THOMPSON, Circuit Judges.


Opinion by Judge THOMPSON; Dissent by Judge FERGUSON.

THOMPSON, Circuit Judge:

Carlos Oswaldo Cordova-Perez was convicted in federal district court of violating 8 U.S.C. § 1326(b)(2). In this appeal, he contends his prosecution was precluded by a state court plea agreement. He also contends the district court violated Rules 11(e) and 32(b)(3) of the Federal Rules of Criminal Procedure when, after accepting his plea of guilty to a lesser charge, the district...

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