Armas
United States v. Armas
Opinion
Lead Opinion
MEMORANDUM *
*900 For his participation in a conspiracy to distribute methamphetamine, Enrique Ar-mas pled guilty to three counts of drug and weapon violations as part of an unwritten “package” plea agreement that required that his pregnant wife, a codefendant, plead guilty to one count, which she did. Mr. Armas was sentenced to 240 months’ imprisonment. He now appeals his conviction on the ground that the district court failed to inquire into the package nature of the plea agreement, rendering his guilty plea involuntary. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review de novo the voluntariness of a guilty plea. United States v. Kikuyama, 109 F.3d 536, 537 (9th Cir. 1997). De novo review applies even though Mr. Armas did not move to vacate or withdraw his plea at the district court. See United States v. Timbana, 222 F.3d 688, 701 (9th Cir.2000).
“Though package deal plea agreements are not per se impermissible, they pose an additional risk of coercion not present when the defendant is dealing with the government alone.” United States v. Caro, 997 F.2d 657, 659 (9th Cir.1993); Bordenkircher v. Hayes, 434 U.S. 357 , 364 n. 8, 98 S.Ct. 663 , 54…