United States v. Roberto Navarro-Flores

Appellant Navarro-Flores (Navarro) appeals from the judgment of conviction of distribution of heroin in violation of 21 U.S.C. § 841 (a)(1). He pleaded guilty to one count of a four-count indictment on September 25, 1978 as part of a plea agreement, Fed.R.Crim.P. 11(e), pursuant to which the Government agreed to dismiss the other counts and the United States Attorney agreed to recommend a term of imprisonment of not more than eight years. Navarro moved to withdraw the plea of guilty before sentence, and the motion was denied. He was sentenced on December 22, 1978 to seven years’ imprisonment with a special parole term of three years.

I

Facts

Navarro is a Spanish-speaking Mexican citizen about 50 years of age, with formal education limited to the fourth grade in Mexico, who had resided in the United States for about twelve years, and who spoke and understood little, if any, English. Navarro entered into the plea agreement after consulting with Jerry Cimmet, his attorney, through interpreters. On September 25 the interpreter was Mrs. Mendoza. The plea of guilty was tendered to the district court, and accepted, on September 25 after examination of Navarro through the interpreter…

specially concurring:

I fully concur in the opinion with the exception of that portion which would prevent the judge who originally sentenced appellant from continuing with the sentencing process. In my opinion, under the facts of this case, neither justice nor the appearance of doing justice would be compromised by remanding to the same judge.

628 F.2d 1178 UNITED STATES of America, Plaintiff-Appellee, v. Roberto NAVARRO-FLORES, Defendant-Appellant. No. 78-3735. United States Court of Appeals, Ninth Circuit. April 11, 1980. J. Frank McCabe, Goorjian & McCabe, San Francisco, Cal., for defendant-appellant. Joseph M. Burton, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before ELY and KILKENNY, Circuit Judges, and MURRAY, * District Judge. PER CURIAM: 1 Appellant Navarro-Flores (Navarro) appeals from the judgment of conviction of distribution of heroin in violation of 21 U.S.C. § 841 (a)(1). He pleaded guilty to one count of a four-count indictment on September 25, 1978 as part of a plea agreement, Fed.R.Crim.P. 11(e), pursuant to which the Government agreed to dismiss the other counts and the United States Attorney agreed to recommend a term of imprisonment of not more than eight years. Navarro moved to withdraw the plea of guilty before sentence, and the motion was denied. He was sentenced on December 22, 1978 to seven years' imprisonment with a special parole term of three years. 2 * Facts 3 Navarro is a…