United States v. Frank Lyons Cole

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank Lyons COLE, Defendant-Appellant. No. 90-50515. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1991. * Decided Sept. 6, 1991. 1 Before WILLIAM A. NORRIS and DAVID R. THOMPSON, Circuit Judges, and KING, District Judge ** . 2 MEMORANDUM *** 3 Frank Lyons Cole appeals from his conviction and sentence following his plea of guilty to one count of distribution of a controlled substance. 4 The defendant was charged in a one count indictment with a violation of 21 U.S.C. § 841 (a)(1) in that he "knowingly and intentionally distributed more than 50 grams, that is, approximately 82 grams of a substance containing cocaine base ("rock" cocaine), a schedule II narcotic drug controlled substance." 5 On June 25, 1990, pursuant to a plea agreement with the government, defendant withdrew his previously entered plea of not guilty and pleaded guilty to the…