United States v. Derrick K. Patterson

04-3051Court of Appeals for the Eighth Circuit31 mar 2006

Testo completo

1The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-2157
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
Alfredo Contreras-Diaz, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: March 17, 2006
Filed: March 29, 2006
___________
Before RILEY, MAGILL, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
Alfredo Contreras-Diaz unconditionally pleaded guilty to possessing marijuana
with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and the district court 1
sentenced him to 41 months in prison and 3 years of supervised release. He appeals.
For the reasons discussed below, we affirm his conviction and sentence.
First, Contreras-Diaz argues that the district court erred by denying in part his
motion to suppress. However, his unconditional guilty plea precludes him from

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raising this argument on appeal. See United States v. Jennings, 12 F.3d 836, 839 (8th
Cir. 1994). Second, Contreras-Diaz argues that the district court erred by applying an
enhancement for obstruction of justice and by not granting him a reduction for
acceptance of responsibility. Having reviewed the district court’s factual findings and
legal conclusions under the applicable standards of review, we see no error. See
U.S.S.G. § 3C1.1, comment. (n.4(e)); U.S.S.G. § 3E1.1, comment. (n.4).
Accordingly, we affirm the judgment of the district court.
______________________________

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