U.S. v. GARCIA-VALENZUELA

No. 99-50175.

232 F.3d 1003 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael GARCIA-VALENZUELA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2000.


Attorney(s) appearing for the Case

Benjamin P. Lechman, Federal Public Defender's Office, San Diego, California, for the appellant.

Micheal G. Wheat, Assistant United States Attorney, San Diego, California, for the appellee.

Before: WILLIAM C. CANBY, Jr., and WILLIAM A. FLETCHER, Circuit Judges, and JOHN W. SEDWICK, District Judge.


Argued and Submitted April 6, 2000 — Pasadena, California.

William A. FLETCHER, Circuit Judge:

The district court denied the government's motion to dismiss several counts of the indictment against defendant. After the denial, defendant pled guilty to two of the counts the government had sought to dismiss. Defendant now appeals. We hold that defendant may challenge the denial of the government's motion despite having entered a guilty plea. We further...

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