United States v. Carlos Rodriguez Cruz

BOWNES, Circuit Judge.

The question in this case is whether a district court judge can unqualifiedly accept a bargained guilty plea and subsequently reject it on the basis of information contained in the presentence reports of the defendant and two codefendants. A rehearsal of the proceedings below is necessary.

Defendant-appellant, Carlos Rodriguez Cruz, was indicted on July 8, 1981, for aiding and abetting and possessing with intent to distribute one hundred twenty-five grams of cocaine in violation of 21 U.S.C. § 841(a)(1), a felony, and in violation of 18 U.S.C. § 2. Three other defendants…