United States v. Angel Fernandez-Angulo

Defendant Angel Fernandez-Angulo (Fernandez) appeals the sentences imposed following his guilty plea on both counts of a superseding indictment. Fernandez was charged with two violations of 21 U.S.C. § 841 (a)(1) (1982): distributing heroin (Count I) and possession with intent to distribute heroin (Count II). Fernandez contends that the district court improperly sentenced him to two concurrent five year terms to be followed by two concurrent three year special parole terms. Execution of the sentence as to Count II was suspended and Fernandez was placed on probation for five years. Fernandez argues that these sentences are multiplicitous under United States v. Palafox, 764 F.2d 558 (9th Cir.1985) (en banc). Fernandez also challenges his sentence based upon the district court’s failure to comply with Rule 32(c)(3)(D) of the Federal Rules of Criminal Procedure. We affirm the sentence but remand for compliance with Rule 32.

FACTUAL AND PROCEDURAL BACKGROUND

This case is the product of a commercial narcotics relationship between defendant Fernandez, a Mexican national, and Sergio Diez (Diez), an informant acting on behalf of the Salem Police Department and the Drug Enforcement…