Marquez

United States v. Marquez

Good Law
49 F. App'x 741
United States Court of Appeals for the Ninth CircuitOctober 31, 2002No. 00-50566; D.C. No. CR-00-1772-JTMCalifornia852 words

Opinion

Lead Opinion

MEMORANDUM

Laura Anne Marquez appeals her conviction and sentence for possession and importation of marijuana in violation of 21 U.S.C. §§ 841 (a)(1), 952, and 960. We affirm.

According to Marquez, the government proposed that she accept their standard “fast track” offer which required that she (1) waive her right to indictment and plead guilty to an information within thirty days of the initial appearance before a magistrate judge, (2) not file or argue any motions, (3) agree to waive her right to appeal the decision of the district court, and (4) waive her right to receive Brady information. In return, the government would recommend a two-level downward departure. Marquez’s attorney attempted to *742 have the government remove Brady waiver without success.

On July 17, 2000, Marquez pled guilty to Count 1 [importation]. At the hearing the court was informed that there was no plea agreement. The court questioned defense counsel whether he had discussed Apprendi with the defendant, and defense counsel confirmed that he had. At the hearing Marquez admitted that she knew there was marijuana in the vehicle she was driving but that she did not know the amount in the vehicle.

The…

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