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United States of America v. Jose E. Rivera-Gonzalez, A/K/A Geno

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Before Lipez, Baldock *fn1 and Howard, Circuit Judges.

HOWARD, Circuit Judge. Appellant Jos_ E. Rivera-Gonzalez pled guilty to conspiring to distribute cocaine in a Coamo, Puerto Rico, housing project. Having three times moved unsuccessfully to withdraw his plea, he now challenges his conviction and sentence, contending that: (1) his plea was not knowing and voluntary because he relied on a contradictory and ambiguous plea agreement; (2) he received ineffective assistance of counsel because his attorney failed to identify and inform him of the plea agreement’s inconsistencies; (3) the district court erred in concluding that Rivera-Gonzalez was on probation at the time of his crime and enhancing his sentence under section 4A1.1(d) of the Sentencing Guidelines; and (4) his sentence was unreasonable.

Concluding that the district court did not abuse its discretion in denying the appellant’s motions to withdraw his guilty plea, and finding no error in the court’s sentencing calculation, we affirm Rivera-Gonzalez’s conviction and sentence. We also dismiss his ineffective assistance of counsel claim as procedurally flawed.

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