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U.S. v. VILLALOBOS

No. 01-30066.

333 F.3d 1070 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Frederico Angel VILLALOBOS, aka, Julio Rodriguez-Ramirez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted March 3, 2003.

Filed June 27, 2003.

Attorney(s) appearing for the Case

Santiago E. Juarez, Espanola, NM, for the defendant-appellant.

John McKay, Bruce F. Miyake, United States Attorneys, Seattle, WA, for the plaintiff-appellee.

Before BROWNING, B. FLETCHER and GOULD, Circuit Judges.

Opinion by Judge BROWNING; Dissent by Judge GOULD.

OPINION

BROWNING, Circuit Judge.

Frederico Angel Villalobos1 pled guilty to one count of conspiracy to distribute heroin and stipulated that between 100-400 grams of heroin were involved. Before sentencing, Villalobos moved to withdraw his plea, arguing that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000...

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