Legal Opinion
United States v. Carlos Dominguez Benitez AKA Carlos Dominguez
Court of Appeals for the Ninth Circuit
Decided November 25, 2002No. 00-50181PublishedCited by 15 opinions
1Opinion of the Court
JAMES R. BROWNING, Circuit Judge.
Appellant Carlos Dominguez Benitez (“Benitez”) appeals his conviction, entered upon a plea of guilty, and his 120 month sentence for conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846. Benitez contends his conviction must be reversed because the district court failed to comply with Fed.R.Crim.P. 11(e)(2) by not informing him he could not withdraw his guilty plea if the court did not accept the sentencing recommendation set forth in the plea agreement. We agree and reverse.
I
On May 28, 1999, Benitez was charged with…
2Cases cited16 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. VonnSupreme Court of the United States · 2002
- Joseph Torrey v. Wayne EstelleCourt of Appeals for the Ninth Circuit · 1988
- United States v. SayetsittyCourt of Appeals for the Ninth Circuit · 1997
- United States v. Gary William Minore, AKA Skip, United States of America v. Arthur Torsone, United States of America v. Prommateta ChinawatCourt of Appeals for the Ninth Circuit · 2002
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. David C. Hughes, the Office of the Federal Public Defender, Amicus SupportingCourt of Appeals for the Fourth Circuit · 2005
- United States v. Alberto MonzonCourt of Appeals for the Ninth Circuit · 2005
- United States v. WilliamsCourt of Appeals for the Seventh Circuit · 2009
- United States v. LoutosDistrict Court, N.D. Illinois · 2003
- United States v. Alberto MonzonCourt of Appeals for the Ninth Circuit · 2005
10 more not listed; retrieve them via the Exa API.