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U.S. v. PENA

Nos. 11-50482, 11-50484.

720 F.3d 561 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Adrian Edwardo PENA, also known as Adrian Edward Pena, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 18, 2013.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. (argued), Assistant U.S. Attorney, Elizabeth Berenguer, Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Donna F. Coltharp (argued), Assistant Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and SMITH and WIENER, Circuit Judges.

CARL E. STEWART, Chief Judge:

This case entails two appeals from Defendant-Appellant Adrian Pena's convictions and sentences for criminal offenses related to the bribery of two public officials to procure a multimillion dollar construction contract. Pena contends on appeal that the district court violated Federal Rule of Criminal Procedure 11(c)(1) by participating in his plea negotiations. Pena also asserts that the court's involvement caused his trial attorney,...

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