United States v. Ramiro Oliveros-Orosco

Defendant Ramiro Oliveros-Orosco appeals the denial of his motion to withdraw his guilty plea and his sentence. He argues that this court’s decision in United States v. O’Neal, 910 F.2d 663 (9th Cir. 1990), handed down after Oliveros-Orosco’s plea but before his sentencing, provided a compelling ground for withdrawal of the plea agreement. As to his sentence, Olive-ros-Orosco challenges the district court’s ruling that O’Neal applies retroactively and the court’s finding that he possessed a firearm in connection with a counterfeiting scheme. We affirm.

BACKGROUND

The government filed a three-count superseding indictment charging Oliveros-Orosco as follows: Count 1—violation of 18 U.S.C. § 472 , possession of counterfeit currency; Count 2—violation of 18 U.S.C. § 922 (g)(5), illegal alien in possession of a firearm; and Count 3—violation of 18 U.S.C. § 922 (g)(1), felon in possession of a firearm. On July 23, 1990, Oliveros-Oros-co entered a plea of guilty to count 3 of the superseding indictment.

After Oliveros-Orosco had pleaded guilty, but prior to sentencing, this court decided United States v. O’Neal, 910 F.2d 663 (9th Cir.1990). In O’Neal , we held that the offense of…