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U.S. v. REYES

Nos. 00-10128, 00-10275.

313 F.3d 1152 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo Alfonso REYES & Raul Reyes, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2002.

Attorney(s) appearing for the Case

Kenneth D. Noel, CJA, Noel & Associates, San Francisco, CA, for defendant-appellant Gerardo Reyes; Mark R. Vermeulen, CJA, San Francisco, CA, for defendant-appellant Raul Reyes.

Laurie K. Gray, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before REINHARDT, FISHER, Circuit Judges, and MOLLOY, District Judge.

OPINION

MOLLOY, District Judge:

These appeals present the issue of the scope of a district court's discretion when presented with a plea agreement under Rule 11(e)(1)(C). We hold that a district court's only option when entertaining a Rule 11(e)(1)(C) plea is to either accept or reject the agreement; the court cannot modify it. Accordingly, we REVERSE the decision of the district court.

I. Factual and...

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