United States v. Artemio Gomez-Cuevas

TACHA, Circuit Judge.

On April 13, 1989, defendant-appellant Artemio Gomez-Cuevas (Gomez) was charged by a grand jury on two counts. Count I charged possession with intent to distribute more than fifty kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C) and 18 U.S.C. § 2. Count II charged importation of more than fifty kilograms of marijuana in violation of 21 U.S.C. §§ 952(a) and 960(b)(3) and 18 U.S.C. § 2. Gomez entered a plea of guilty to Count I, which the district court accepted. Under the plea agreement, Count II was dropped, as were charges against Gomez’…