Is the quantity of drugs a defendant conspired to distribute as part of the factual basis of his Rule 11(f) plea?

MultiRegion, United States of America

The following excerpt is from U.S. v. Huerta, 106 F.3d 410 (9th Cir. 1997):

Huerta's argument is meritless. The quantity of drugs a defendant conspired to distribute is not an element of a violation of 21 U.S.C. 841(a), 846. See United States v. Castaneda, 9 F.3d 761, 769 (9th Cir.1993). The district court, therefore, was not required to establish the quantity of cocaine and marijuana Huerta conspired to distribute as part of the factual basis of the plea under Rule 11(f).

Other Questions


Does a guilty plea prevent a defendant from denying his involvement in a conspiracy to distribute or distribute cocaine? (MultiRegion, United States of America)
What is the test for establishing quantity attributable to a defendant knowingly participating in a drug distribution conspiracy? (MultiRegion, United States of America)
What is the test for a motion to vacate a judgment of conviction against a defendant who made a statement at sentencing that undermined the factual basis for his guilty plea? (MultiRegion, United States of America)
Can a defendant who has pleaded guilty to a charge of possession of Class A drugs receive a reduced sentence based on the amount of drugs he took under a plea agreement? (MultiRegion, United States of America)
What is the test for determining the extent of a drug distribution agreement between a defendant and his co-defendant? (MultiRegion, United States of America)
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
Is there any case law in which a jury found that a defendant was improperly convicted of possession of a quantity of drugs by reason that he was not in the room with the drugs when the police arrived? (MultiRegion, United States of America)
Does a defendant have to prove that he or his co-conspirator had knowledge or foreseeability of drug dealing? (MultiRegion, United States of America)
In what circumstances will a defendant be convicted of possession with intent to distribute, conspiracy and importation of drugs? (MultiRegion, United States of America)
What is the test to prove that a defendant killed or conspired to kill in furtherance of a drug conspiracy? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.