United States v. Edgar Vallejo

Edgar Vallejo appeals his sentence imposed after he pleaded guilty to engaging in a continuing criminal enterprise by violating federal narcotics laws, 21 U.S.C. § 848. On appeal, he argues that the district court breached the binding plea agreement by imposing a term of supervised release. For the reasons set forth below, we vacate and remand for resen-tencing without supervised release.

I

In a superseding indictment, Vallejo was charged with conspiring to possess with intent to distribute more than five kilograms of a mixture and substance containing cocaine, in violation of 46 U.S.C. app. §…