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United States v. Pineda-Buenaventura

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ARGUED MARCH 31, 2010

Before MANION and WILLIAMS, Circuit Judges, and DARRAH, District Judge.*fn1

This is a consolidated appeal of four defendants involved in a large cocaine distribution conspiracy that operated in Jefferson County, Wisconsin. Following an investigation involving wiretap surveillance, controlled purchases, and confidential informants, sixteen individuals were charged in two separate indictments for conduct related to the conspiracy. The four defendants involved here-Teodulo PinedaBuenaventura, Otoniel Mendoza, Gerardo Pineda-Soria, and Arturo Pineda-Lopez-each pled guilty to possessing or conspiring to possess with intent to distribute cocaine. Each now appeals. Teodulo Pineda-Buenaventura challenges his sentence, arguing that the drug amount calculation in his presentenceinvestigation report was insufficient to support the statutory mandatory minimum sentence he received. Otoniel Mendoza challenges the validity of his guilty plea, arguing that his plea colloquy did not satisfy the requirements of Federal Rule of Criminal Procedure 11. Gerardo Pineda-Soria appeals the denial of his motion to suppress drugs found in his apartment and statements he made thereafter, arguing that the search violated the Fourth Amendment. And Arturo Pineda-Lopez’s attorney has filed an Anders brief, seeking to withdraw on the basis that there are no non-frivolous arguments to be made by Pineda-Lopez on appeal.

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