United States Ninth Circuit

Defendant's sentence for knowingly and intentionally distributing at least 50 grams of a mixture containing cocaine base is affirmed in part where although defendant may have been initially a) confused by the terms of his plea agreement, or b) confused by a specific question directed to him by the court, neither constituted plain error. However, the sentence is vacated in part where due process prohibited setting a condition of supervised release that "either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application."

Appellate Information

• Decided 11/29/2010
• Published 11/29/2010

Judges

• Lyle E. Strom

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alissa Sawano Peterson, Andre Birotte Jr.