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U.S. v. PENA

No. 01-10069.

314 F.3d 1152 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Victoriano DeJesus PENA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2003.

Attorney(s) appearing for the Case

Frances A. Forsman, Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

Nancy Davis, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.

Before: TASHIMA, THOMAS, and PAEZ, Circuit Judges.

OPINION

TASHIMA, Circuit Judge.

Victoriano DeJesus Pena appeals his conviction and the sentence imposed following his guilty plea to one count of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1). Pena challenges the validity of his guilty plea, contending that the district court failed to comply with Federal Rule of Criminal Procedure 11. We agree with Pena that the plea proceeding failed to comply with...

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