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U.S. v. PORTILLO-CANO

No. 98-10189.

192 F.3d 1246 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Alonso PORTILLO-CANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 1999.

As Amended December 6, 1999.

Attorney(s) appearing for the Case

Francisco Leon, Law Office of Francisco Leon, Tucson, Arizona, for the defendant-appellant.

Anne E. Mosher, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee.

Before: NOONAN and TASHIMA, Circuit Judges, and RESTANI, Judge, United States Court of International Trade.

RESTANI, Judge:

Francisco Alonso Portillo-Cano ("Portillo-Cano" or "defendant") appeals his guilty plea entered before the district court on the ground that his plea did not conform to the requirements of Rule 11(c) of the Federal Rules of Criminal Procedure. The government asserts that defendant is barred from appealing his sentence because his plea agreement included a waiver of his right to appeal. We hold that we may hear defendant's appeal in order to determine...

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