United States v. Jose Londono
Opinion
Opinion
999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose LONDONO, Defendant-Appellant. No. 90-50637. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 6, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Londono appeals from his conviction and 151-month sentence after guilty pleas to conspiracy to distribute cocaine and aiding and abetting the possession of cocaine for distribution in violation of 21 U.S.C. §§ 841 (a)(1), 846 and 18 U.S.C. § 2 . Londono contends he should be allowed to withdraw his guilty plea because the district court breached the plea agreement by imposing a term of supervised release. We have jurisdiction under 28 U.S.C. § 1291 . We vacate Londono's sentence and remand to allow him to plead anew. 1 3 Although Londono did not seek to withdraw his plea before the district court, we may nonetheless review…