United States v. Stephen J. Heig

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stephen J. HEIG, Defendant-Appellant. No. 90-10399. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1991. Decided Sept. 6, 1991. As Amended Feb. 14, 1992. Before SCHROEDER, FLETCHER and FERGUSON, Circuit Judges. 1 MEMORANDUM * 2 Stephen J. Heig appeals the district court's grant of the government's motion to withdraw a plea agreement after the government had assented to it but before the district court approved it. We affirm. FACTS 3 On February 9, 1990, Heig was indicted on five charges in connection with two burglaries that occurred on a Marine Corps Air Base. Because the crimes occurred on a United States military base, the charges were brought in federal court. In a plea agreement signed on April 20, 1990, defendant agreed to plead guilty to one count of burglary of an office structure ( 18 U.S.C. § 13 ; Hawaii Revised Statutes…