US v. Pineda-Buenaventura, 09-1500

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.

Related Resource:

• Full text of US v. Pineda-Buenaventura, 09-1500