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U.S. v. DOMINGUEZ BENITEZ

No. 00-50181.

310 F.3d 1221 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos DOMINGUEZ BENITEZ aka Carlos Dominguez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 25, 2002.

Attorney(s) appearing for the Case

Myra D. Mossman, Santa Barbara, CA, for defendant-appellant Carlos Dominguez Benitez.

Alejandro N. Mayorkas, United States Attorney, John C. Hueston, Assistant United States Attorney, Carmen R. Luege, Assistant United States Attorney, Santa Ana, CA, for plaintiff-appellee United States of America.

John S. Gordon, United States Attorney, Ronald L. Cheng, Assistant United States Attorney, Wesley L. Hsu, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee United States of America.

Before: BROWNING, REINHARDT, and TALLMAN, Circuit Judges.

JAMES R. BROWNING, Circuit Judge.

Appellant Carlos Dominguez Benitez ("Benitez") appeals his conviction, entered upon a plea of guilty, and his 120 month sentence for conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846. Benitez contends his conviction must be reversed because the district court failed to comply with Fed.R.Crim.P. 11(e)(2) by not informing him he could not withdraw his guilty plea if the court did not...

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