United States v. Jose Leonardo Contreras-Subias
Opinion
Opinion
Fletcher, J.
Contreras-Subias pled guilty to possession of marijuana with intent to distribute and money laundering. Due to a mistake in the phrasing of his plea agreement and in the sentence based on it, his prison term as worded was to run both concurrently with and consecutively to another federal sentence he was already serving. The clear intention of the plea agreement and the sentencing judge was that the new sentence run consecutive to the old sentences. Contreras-Subias moved for correction, asking that the “consecutive” provisions be vacated. The district court corrected the sentence by deleting the “concurrent” provisions, which resulted in a total prison term equal to that specified in the plea agreement. Contreras-Subias timely appeals the district court’s correction of his sentence.
We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
BACKGROUND
On October 29, 1990, Contreras-Subias pled guilty to charges of conspiracy to possess marijuana with intent to distribute ( 21 U.S.C. § 846 ) and money laundering ( 18 U.S.C. § 1956 (a)(l)(B)(i)). At that time, he was already serving sentences for convictions in other districts, as follows: