United States v. Amaya

PARKER, Circuit Judge:

Orlando Amaya (“Amaya”) appeals to this court arguing that his plea of guilty to a drug charge was involuntary. We agree. For the following reasons, we vacate the conviction and remand the case for Amaya to replead.

FACTS

Amaya entered a plea of guilty, pursuant to a plea agreement, to a charge of aiding and abetting possession with intent to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. In exchange for the plea, the Government agreed to move to dismiss a charge of conspiracy to possess with intent to distribute…