U.S. v. DIAZ-JUAREZ

No. 01-50263.

299 F.3d 1138 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin J. DIAZ-JUAREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2002.


Attorney(s) appearing for the Case

Katherine Kimball, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, Mark A. Inciong, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before FERGUSON, TASHIMA, and GRABER, Circuit Judges.


Opinion by Judge TASHIMA; Concurrence by Judge GRABER; Dissent by Judge FERGUSON.

OPINION

TASHIMA, Circuit Judge.

Defendant-Appellant Benjamin Diaz-Juarez ("Diaz") entered a conditional guilty plea to conspiracy to distribute marijuana and methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), while reserving his right to appeal. See Fed.R.Crim.P. 11(a)(2). He now appeals...

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