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U.S. v. VILLAREAL

No. 05-6838.

491 F.3d 605 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Aldrich S.V. VILLAREAL, a.k.a. Rigoberto O. Barrios, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2007.

Attorney(s) appearing for the Case

ARGUED: Clifton L. Corker, Johnson City, Tennessee, for Appellant. Caryn L. Hebets, Assistant United States Attorney, Johnson City, Tennessee, for Appellee. ON BRIEF: Clifton L. Corker, Johnson City, Tennessee, for Appellant. Guy W. Blackwell, Assistant United States Attorney, Greenville, Tennessee, for Appellee.

Before: MOORE and GRIFFIN, Circuit Judges; McKINLEY, District Judge.

OPINION

GRIFFIN, Circuit Judge.

Defendant Aldrich Salvador Vellejo-Villareal was indicted on a one-count indictment charging him, and eight co-defendants, with the distribution and possession with the intent to distribute five kilograms of cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A). Later, Villareal pleaded guilty to the charge pursuant to a plea agreement that states, in pertinent part: "If, in the sole discretion of...

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