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U.S. v. SCOLARI

No. 94-50223.

72 F.3d 751 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Giovanni Fontes SCOLARI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 18, 1995.

Attorney(s) appearing for the Case

William V. Gallo, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Robert L. Swain, Swain & Vance, San Diego, California, for defendant-appellant.

Before: HUG and LEAVY, Circuit Judges, and JONES, District Judge.

HUG, Circuit Judge:

On November 29, 1993, Giovanni Fontes Scolari pleaded guilty to conspiracy to possess cocaine with intent to distribute. The plea agreement was developed with the assistance of a settlement judge pursuant to General Order 400 of the District Court for the Southern District of California. The agreement provided that if the sentence imposed was within the range recommended by the settlement judge, the defendant waived the right to appeal his sentence...

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