United States v. Gerardo Alfonso Reyes & Raul Reyes
Opinion
Opinion
Molloy, J.
These appeals present.the issue of the scope of a district court’s discretion when presented with-a plea agreement under Rule 11(e)(1)(C). We hold that a district court’s only option when entertaining a Rule 11(e)(1)(C) plea is to either accept or reject the agreement; the court cannot modify it. Accordingly, we REVERSE the decision of the district court.
I. Factual and Procedural Background
On December 7, 1995 the government filed a fourteen-count Indictment charging Defendants Raul Reyes and his brother Gerardo Reyes and several co-defendants with Conspiracy to Distribute Cocaine and Methamphetamine in violation of 21 U.S.C. § 846 . Raul was also charged with one count and Gerardo with four counts of Unlawful Use of a Communications Facility under 21 U.S.C. § 843 (b). Raul appeared before a magistrate judge on January 8, 1996 and Gerardo appeared on January 12, 1996. Both made their initial appearance in district court on January 22, 1996.
The United States filed a Superseding Indictment on June 25, 1998, charging Raul with the same counts as the initial Indictment and adding one more charge against Gerardo of Distribution of Methamphetamine and Aiding & Abetting, in…