United States of America, Plaintiff-appellee, v. Alan Wagers, Defendant-appellant, 94 F.3d 654 (9th Cir. 1996)Annotate this Case
Submitted Aug. 7, 1996. *Decided Aug. 9, 1996
Before: GOODWIN, BRUNETTI, and KOZINSKI, Circuit Judges.
Alan Willard Wagers pleaded guilty to possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a) (1). At the proposed change of plea hearing, the government recited the facts of the case, and the judge asked Wagers whether they were all true. The judge accepted the plea when Wagers stated that they were true. Wagers now challenges the plea, arguing under Federal Rule of Criminal Procedure 11(f) that there was an insufficient factual basis for the judge to accept the plea.
The elements of possession with intent to distribute cocaine are: (1) the defendant possessed cocaine; (2) the defendant knew it was cocaine; and (3) the defendant intended to distribute the cocaine. See United States v. Castillo, 866 F.2d 1071, 1086 (9th Cir. 1988). The government's recitation of the facts sufficiently established a factual basis for all three elements.