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U.S. v. QUIROGA

No. 07-3093.

554 F.3d 1150 (2009)

UNITED STATES of America, Appellee, v. Francisco Marcos QUIROGA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 9, 2009.

Attorney(s) appearing for the Case

Chad Douglas Primmer, argued, Council Bluffs, IA, for appellant.

Charles J. Williams, AUSA, argued, Cedar Rapids, IA, for appellee.

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

COLLOTON, Circuit Judge.

A grand jury charged Francisco Marcos Quiroga with one count of possession with intent to distribute five grams or more of pure methamphetamine within 1000 feet of a playground, in violation of 21 U.S.C. § § 841(a)(1) and 860(a). Quiroga pled guilty pursuant to a plea agreement, but the district court1 later granted his motion to withdraw the plea under Federal Rule of Criminal Procedure 11(d)(2)(B)....

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