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United States v. A. Contreras-Diaz, 05-2157 (2006)

Court: Court of Appeals for the Eighth Circuit Number: 05-2157 Visitors: 13
Filed: Mar. 29, 2006
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-2157 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Alfredo Contreras-Diaz, * * [UNPUBLISHED] Appellant. * _ Submitted: March 17, 2006 Filed: March 29, 2006 _ Before RILEY, MAGILL, and GRUENDER, Circuit Judges. _ PER CURIAM. Alfredo Contreras-Diaz unconditionally pleaded guilty to possessing marijuana with intent to distribute, in violation of 21 U.
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 05-2157
                                     ___________

United States of America,                 *
                                          *
             Appellee,                    *
                                          * Appeal from the United States
      v.                                  * District Court for the
                                          * Northern District of Iowa.
Alfredo Contreras-Diaz,                   *
                                          *      [UNPUBLISHED]
             Appellant.                   *
                                     ___________

                              Submitted: March 17, 2006
                                 Filed: March 29, 2006
                                  ___________

Before RILEY, MAGILL, and GRUENDER, Circuit Judges.
                            ___________

PER CURIAM.

       Alfredo Contreras-Diaz unconditionally pleaded guilty to possessing marijuana
with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and the district court1
sentenced him to 41 months in prison and 3 years of supervised release. He appeals.
For the reasons discussed below, we affirm his conviction and sentence.

     First, Contreras-Diaz argues that the district court erred by denying in part his
motion to suppress. However, his unconditional guilty plea precludes him from

      1
        The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
raising this argument on appeal. See United States v. Jennings, 
12 F.3d 836
, 839 (8th
Cir. 1994). Second, Contreras-Diaz argues that the district court erred by applying an
enhancement for obstruction of justice and by not granting him a reduction for
acceptance of responsibility. Having reviewed the district court’s factual findings and
legal conclusions under the applicable standards of review, we see no error. See
U.S.S.G. § 3C1.1, comment. (n.4(e)); U.S.S.G. § 3E1.1, comment. (n.4).

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




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Source:  CourtListener

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