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U.S. v. LEYVA-MATOS

No. 09-2304.

618 F.3d 1213 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Wilmer LEYVA-MATOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 21, 2010.

Attorney(s) appearing for the Case

Paul J. Rubino , Las Cruces, NM, for Defendant-Appellant.

John M. Pellettieri ( Kenneth J. Gonzales , United States Attorney, and Stephen H. Wong , Assistant United States Attorney, Albuquerque, NM; and Lanny A. Breuer , Assistant Attorney General, and Greg D. Andres , Acting Deputy Assistant Attorney General, Washington, D.C., with him on the brief), United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Wilmer Leyva-Matos pleaded guilty to possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and conspiring to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846. In his plea agreement, Defendant waived his right to appeal. The district court rejected certain stipulations in Defendant's plea agreement and sentenced him to twenty-six months imprisonment, followed by two...

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