UNITED STATES of America, Plaintiff-Appellee, v. Carlos Oswaldo CORDOVA-PEREZ, Defendant-Appellant

Opinion by Judge THOMPSON; Dissent by Judge FERGUSON.

THOMPSON, Circuit Judge:

Carlos Oswaldo Cordova-Perez was convicted in federal district court of violating 8 U.S.C. § 1326(b)(2). In this appeal, he contends his prosecution was precluded by a state court plea agreement. He also contends the district court violated Rules 11(e) and 32(b)(3) of the Federal Rules of Criminal Procedure when, after accepting his plea of guilty to a lesser charge, the district court reviewed his presentence report, changed its mind on the basis of information contained in the report, revoked its earlier…