U.S. v. Moreno

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Jamie Ernest MORENO…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 7, 2001

21 F. App'x 739 (9th Cir. 2001)

Opinion

21 Fed.Appx. 739 (9th Cir. 2001) UNITED STATES of America, Plaintiff-Appellee, v. Jamie Ernest MORENO, Defendant-Appellant. No. 99-30347. D.C. No. CR-93-00127-HRH. United States Court of Appeals, Ninth Circuit. November 7, 2001

Argued and Submitted September 12, 2001.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Alaska H. Russel Holland, District Judge, Presiding.

Before REINHARDT, HAWKINS and RAWLINSON, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Jamie Ernest Moreno ("Moreno") pled guilty to one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and § 846, pursuant to a plea agreement.

Moreno and the government agree that the district court judge failed to set forth the nature of the conspiracy charge during the plea colloquy. Accordingly, Moreno's plea cannot stand. See United States v. Bruce, 976 F.2d 552, 560 (9th Cir.1992).

Moreno's guilty plea and sentence are therefore vacated, and the case remanded to the district court for further proceedings.

VACATED AND REMANDED.