Legal Opinion
United States v. Victoriano Dejesus Pena
Court of Appeals for the Ninth Circuit
Decided January 9, 2003No. 01-10069PublishedCited by 49 opinions
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge.
Victoriano DeJesus Pena appeals his conviction and the sentence imposed following his guilty plea to one count of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1). Pena challenges the validity of his guilty plea, contending that the district court failed to comply with Federal Rule of Criminal Procedure 11. We agree with Pena that the plea proceeding failed to comply with Rule 11 and therefore reverse his conviction. We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291. 1
BACKGROUND
Pena was…
2Cases cited16 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. VonnSupreme Court of the United States · 2002
- United States v. Dennis L. WengerCourt of Appeals for the Seventh Circuit · 1995
- United States v. Kenneth R. BruceCourt of Appeals for the Ninth Circuit · 1992
- 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 by49 opinions
- United States v. Jose Covian-SandovalCourt of Appeals for the Ninth Circuit · 2006
- United States v. Hernandez-HernandezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Pineda-BuenaventuraCourt of Appeals for the Seventh Circuit · 2010
- United States v. Perry D. McCrearyCourt of Appeals for the Sixth Circuit · 2007
- United States v. Rivera-CoronaCourt of Appeals for the Ninth Circuit · 2010
44 more not listed; retrieve them via the Exa API.