Franco-Lopez
United States v. Franco-Lopez
Opinion
Lead Opinion
Berzon, J.
*986 OPINION
Pursuant to a plea agreement, Raul Gilberto Franco-Lopez pled guilty to the crime of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . He contends that the government violated the plea agreement and that he is entitled to specific performance of that agreement.
We hold that the government indeed breached the plea agreement, but that the appropriate remedy for that breach, if any, can only be determined after further proceedings upon remand.
BACKGROUND
In December 1998, undercover officers began investigating Franco-Lopez’s suspected role in smuggling drugs across the United States-Mexieo border. The following year Franco-Lopez engaged in numerous discussions with his co-defendant Mar-tiniano Pena-Pena (“Pena-Pena”) and a confidential informant (“informant”) about smuggling narcotics into the United States. Franco-Lopez offered to introduce the informant to drug smugglers operating out of Tijuana, Mexico, gave the informant reason to believe he had a supply of illegal narcotics in the United States, and presented himself as a key contact between the participants in a smuggling operation.