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U.S. v. GARCIA

Nos. 05-30356, 05-30391, 05-30415.

507 F.3d 1213 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Adrian GARCIA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ivan Torres, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Miguel Plascencia-Alvarado, also known as Esteban Garcia-Morales also known as Angel Caloca, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 31, 2006.

Resubmitted November 1, 2007.

Filed November 19, 2007.

Attorney(s) appearing for the Case

Mary Anne Royle, Vancouver, WA, for defendant-appellant Adrian Garcia.

Nancy L. Talner, Seattle, WA, for defendant-appellant Miguel Plascencia-Alvarado.

Jeffrey E. Ellis, Law Offices of Ellis, Holmes & Witchley, PLLC, Seattle, WA, for defendant-appellant Ivan Torres.

John L. Lulejian (argued), Assistant United States Attorney, and James M. Lord, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.

Before: J. CLIFFORD WALLACE, KIM MCLANE WARDLAW and RAYMOND C. FISHER, Circuit Judges.

FISHER, Circuit Judge:

This appeal requires us to consider several allegations of sentencing error. Initially, we must decide whether we have jurisdiction to review a sentence that is imposed in accordance with a plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C) and that is not contingent upon the advisory Sentencing Guidelines. We also must determine whether a district court commits plain error by failing to explicitly set the maximum number of...

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