United States v. Zambrano, No. 11-1528 (8th Cir. 2011)
Annotate this CaseDefendant appealed from the order of the district court denying his motion to plead guilty. The indictment at issue was flawed on its face where the text of the document charged possession with intent to distribute fifty or more grams of cocaine and the citation in the indictment was to 21 U.S.C. 841(b)(1)(B)(penalty for 500 or more grams of cocaine) and the indictment set out the statutory minimum and maximum for a section 841(b)(1)(B) offense. The court held that the district court did not abuse its discretion in declining to accept defendant's plea of guilty to a defective indictment that referenced two different crimes for a single count where defendant failed to identify any source that demonstrated he was entitled to an "absolute right" to plead guilty to the indictment. Accordingly, the judgment was affirmed.
Court Description: Criminal case - criminal law. District court did not abuse its discretion when it refused to allow defendant to plead guilty to the original indictment as the document was flawed on its face.
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