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United States v. Jose Reyes-Contreras, 03-1389 (2003)

Court: Court of Appeals for the Eighth Circuit Number: 03-1389 Visitors: 4
Filed: Nov. 07, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1389 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Jose Luis Reyes-Contreras, * * [PUBLISHED] Appellant. * _ Submitted: October 23, 2003 Filed: November 7, 2003 _ Before BYE, HANSEN, and MELLOY, Circuit Judges. _ PER CURIAM. Pursuant to a written plea agreement, Jose Luis Reyes-Contreras pleaded guilty to conspiring to distribute and possess with inten
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                    United States Court of Appeals
                             FOR THE EIGHTH CIRCUIT
                                ________________

                                   No. 03-1389
                                ________________

United States of America,                 *
                                          *
             Appellee,                    *
                                          *      Appeal from the United States
      v.                                  *      District Court for the
                                          *      District of Minnesota.
Jose Luis Reyes-Contreras,                *
                                          *          [PUBLISHED]
             Appellant.                   *

                                ________________

                                Submitted: October 23, 2003
                                    Filed: November 7, 2003
                                ________________

Before BYE, HANSEN, and MELLOY, Circuit Judges.
                         ________________

PER CURIAM.

       Pursuant to a written plea agreement, Jose Luis Reyes-Contreras pleaded guilty
to conspiring to distribute and possess with intent to distribute more than 500 grams
of a substance containing methamphetamine, in violation of 21 U.S.C. ยง 846 (2000).
He acknowledged that by pleading guilty, he was subjecting himself to a statutory
minimum penalty of ten years in prison and five years of supervised release.
      At sentencing, the district court1 imposed the statutory minimum sentence: a
ten-year prison term and a five-year term of supervised release. Reyes-Contreras
subsequently moved to withdraw his guilty plea, have new counsel appointed, and
have a new sentencing hearing conducted. The district court denied his motion.
Reyes-Contreras appeals.

          Reyes-Contreras cannot challenge his conviction or sentence on appeal
because he received precisely what he bargained for in the plea agreement. See
United States v. Nguyen, 
46 F.3d 781
, 783 (8th Cir. 1995). The district court
properly denied Reyes-Contreras's motion to withdraw his plea because it was filed
after sentence was imposed. See Fed. R. Crim. P. 11(e) (2002).

      Accordingly, we affirm the judgment of the district court.
                     ______________________________




      1
         The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota.
                                        2

Source:  CourtListener

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