Biggs

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 04-50613 v.  D.C. No.

CR-03-01182-LGB

DONZELL WAYNE BIGGS, aka Maynard Wayne Hurley, OPINION Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Lourdes G. Baird, District Judge, Presiding

Argued and Submitted December 7, 2005—Pasadena, California

Filed March 31, 2006

Before: Robert R. Beezer, Cynthia Holcomb Hall, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Beezer Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Jason De Bretteville, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

OPINION

BEEZER, Circuit Judge:

Donzell Wayne Biggs (aka Maynard Wayne Hurley) pleaded guilty to assault with a dangerous weapon in violation of 18 U.S.C. § 113(a)(3) and possession of contraband in prison in violation of 18 U.S.C. § 1791(a)(2). He was sen- tenced to 84 months in prison. The guilty plea reserved the right to argue on appeal that the district…