Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea which violates the Due Process Clause

QUESTIONS PRESENTED FOR REVIEW Petitioner pled guilty to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, and he received and is serving a twentyseven year sentence. The factual basis Mr. Galan admitted to does not establish that he committed a conspiracy offense because it provides that the agreement that is the basis of the charged conspiracy is between him and Jesus Mares, a government informant. Mr. Galan plead guilty not knowing that reaching an agreement with a government informant does not constitute a conspiracy offense as a matter of law. Petitioner now seeks certiorari to review the following questions: Whether Mr. Galan’s guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea which violates the Due Process Clause. Whether the district court’s acceptance of Mr. Galan’s guilty plea to facts which do not constitute a conspiracy offense as a matter of law is a fundamental constitutional or structural error that requires automatic reversal. Whether the Fifth Circuit Court of Appeals erred in not vacating Mr. Galan’s guilty plea on the basis that: (1) the district court erred in accepting a factual basis that does not establish that Mr. Galan committed a conspiracy offense as a matter of law in violation of Rule 11; (2) his guilty plea was not i made on a voluntary or knowing basis; and (8) he received ineffective assistance of counsel. ii