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US v. Pineda-Buenaventura, 09-1500

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By FindLaw Staff on September 16, 2010 5:36 PM

US v. Pineda-Buenaventura, 09-1500, concerned prosecutions of four defendants for their involvement in a large cocaine distribution.  The court vacated a defendant's sentence and remanded for resentencing as the district court's drug quantity findings did not support the sentence he received.  The court vacated a co-defendant's conviction because his plea colloquy did not satisfy the requirements of Rule 11.  However, the district court's denial of third co-defendant's motion to suppress is affirmed as he and his co-tenants gave valid consent to search his apartment.  Lastly, a fourth co-defendant's counsel's motion to withdraw is granted as a challenge to the reasonableness of the defendant's sentence would be frivolous.

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