U.S. v. AMAYA

No. 96-40572.

111 F.3d 386 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Orlando AMAYA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 1997.


Attorney(s) appearing for the Case

Paula Camille Offenhauser, Asst. U.S. Atty., James Lee Turner, Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, George D. Murphy, Jr., Brent Evan Newton, Houston, TX, for Defendant-Appellant.

Before KING and PARKER, Circuit Judges, and ROSENTHAL, District Judge.


PARKER, Circuit Judge:

Orlando Amaya ("Amaya") appeals to this court arguing that his plea of guilty to a drug charge was involuntary. We agree. For the following reasons, we vacate the conviction and remand the case for Amaya to replead.

FACTS

Amaya entered a plea of guilty, pursuant to a plea agreement, to a charge of aiding and abetting possession with intent to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. §...

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