U.S. v. IBARRA-CORONEL

No. 06-2183.

517 F.3d 1218 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Loretto IBARRA-CORONEL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 28, 2008.


Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (Larry Gómez, Acting United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff/Appellee.

Scott M. Davidson, Albuquerque, NM, for Defendant/Appellant.

Before O'BRIEN, BALDOCK, and McCONNELL, Circuit Judges.


BALDOCK, Circuit Judge.

Pursuant to a Rule 11 agreement, Defendant Loretto Ibarra-Coronel pled guilty to a single count of conspiracy to distribute one kilogram and more of heroin, in violation of 21 U.S.C. § 846. See Fed.R.Crim.P. 11(c). At the plea hearing, a magistrate judge mistakenly informed Defendant that the maximum penalty for a § 846 offense is 120 months incarceration. The statute's mandatory...

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