Garcia

United States v. Garcia

Good Law
United States Court of Appeals for the Ninth CircuitApril 16, 200805-30356California3,019 words

Opinion

Opinion

I. Background

Because the issues on appeal are exclusively related to sen- tencing, we need not recount detailed facts of the underlying criminal offenses to which the defendants pled guilty. Rather, we explain only those facts relevant to our resolution of the defendants’ allegations of sentencing error.

Adrian Garcia, Ivan Torres and Miguel Plascencia- Alvarado were all involved in a large-scale drug trafficking conspiracy in the Western District of Washington. After being charged with various crimes, all three entered into Rule 11 written plea agreements. See Fed. R. Crim. P. 11(c)(1)(C).1 1 Rule 11(c)(1)(C) provides in part: 4130 UNITED STATES v. GARCIA Garcia pled guilty to conspiracy to distribute less than 500 grams of cocaine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C); Plascencia-Alvarado pled guilty to conspiracy to distribute methamphetamine and cocaine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C); and Torres pled guilty to conspiracy to distribute less than five grams of methamphet- amine and less than 50 grams of a mixture containing methamphetamine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C), as well as witness tampering in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.