United States v. Carlos Cortez

OVERVIEW

Carlos Cortez was convicted by guilty plea for violation of federal drug laws, 21 U.S.C. §§ 841 (a)(1) and 845a, which prohibit the possession and distribution of narcotics in areas where children are likely to congregate. After pleading guilty, but before sentencing, Cortez brought a motion to dismiss the indictment for selective prosecution. The district court denied the motion, finding that Cortez failed to make a prima facie showing of selective prosecution. He appeals the district court’s denial of his selective prosecution motion and his conviction by guilty plea. We find Cortez waived his selective prosecution claim by pleading guilty. We reverse and remand, however, because we find Cortez’ plea of guilty was not made knowingly and voluntarily.

FACTS AND PROCEEDINGS BELOW

Defendant-Appellant, Carlos Cortez, was charged in a two-count indictment with knowingly and intentionally distributing cocaine base within 100 feet of a video arcade and possessing approximately three grams of cocaine with intent to distribute within 100 feet of a video arcade, in violation of 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 845a (“Schoolyard Statute”) (now 21 U.S.C. § 860 (West…