United States v. Jose Roberto Ortiz-Marquez

892 F.2d 84 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose Roberto ORTIZ-MARQUEZ, Defendant-Appellant. No. 89-50047. United States Court of Appeals, Ninth Circuit. Submitted Nov. 21, 1989. * Decided Dec. 13, 1989. Before GOODWIN, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jose Ortiz-Marquez appeals his conviction, following a guilty plea, for one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Ortiz-Marquez contends that the district court erred by denying his motion to withdraw his guilty plea. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review a district court's denial of a motion to withdraw a guilty plea for an abuse of discretion. See United States v. Rios-Ortiz, 830 F.2d 1067, 1069 (9th Cir.1987). 4 The court may permit withdrawal of a guilty plea before imposition of sentence "upon a showing by the…