United States v. George Alberto Monreal

George Monreal appeals the district court’s denial of his motion to enforce a 1993 oral plea agreement that was entered in the Central District of California. Mon-real contends that the government breach ed the plea agreement by indicting him on similar charges in 1994 in the Southern District of Iowa. We conclude that the district court properly dismissed Monreal’s motion for lack of jurisdiction, regardless of whether it is construed as an attack on the Iowa or the California conviction.

I. Factual Background

On March 9, 1993, George Monreal was indicted in the Central District of California on charges of conspiracy to distribute cocaine and cocaine base in violation of 21 U.S.C. §§ 846 and 841(a)(1). Soon thereafter, the government and Monreal entered into an oral plea agreement.

The terms of the plea agreement were stated at a change of plea hearing on August 26, 1993. Monreal pleaded guilty to a lesser charge of use of a communication facility to facilitate a narcotics offense in violation of 21 U.S.C. § 843 (b). Assistant United States Attorney Dean G. Dun-lavey then told the court that in exchange for the guilty plea, the government had agreed to (1) dismiss the…