Sanchez-Beltran

United States v. Sanchez-Beltran

Good Law
213 F. App'x 548
United States Court of Appeals for the Ninth CircuitDecember 18, 2006No. 05-10165California1,526 words

Opinion

Lead Opinion

*550 MEMORANDUM *

Lucio Sanchez-Beltran (“Sanchez”) was arrested in 1998 during an attempted sale by Sanchez and his co-conspirators of $260,000 worth of cocaine. Police executed a planned, pretextual stop of Sanchez’s vehicle while it was en route to the delivery point. During the arrest, a handgun was found on the floor at Sanchez’s feet, hidden under a floor mat. Sanchez pleaded guilty to an eight-count indictment, including the charge of unlawful carrying of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). The district court sentenced him to 384 months’ imprisonment. Sanchez now appeals the judgment and sentence, contending that the district court did not establish a factual basis for the guilty plea and misstated an element of the offense. He also contends that he was incompetent to enter a guilty plea and to be sentenced, that the district court committed sentencing errors, and that the sentence was unreasonable. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm both the judgment and the sentence.

I. Guilty Plea

Sanchez first argues that the district court failed to establish a…

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