United States v. Pedro Vizcarra-Angulo

BOOCHEVER, Circuit Judge:

Pedro Vizcarra-Angulo appeals his forty-month sentence for conspiracy to possess heroin with intent to distribute. We dismiss for lack of jurisdiction.

On April 24, 1989, Vizcarra-Angulo pled guilty to one count of violating 21 U.S.C. §§ 846 and 841(a)(1) (1988). In return for his cooperation, the government agreed to recommend a forty-month sentence, which is below the statutory minimum of five years. The presentence report had calculated a sentence of eighty-seven months in custody under the Sentencing Guidelines. The district court accepted the government’s…