United States v. Anthony Timothy Rhymes

960 F.2d 153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony Timothy RHYMES, Defendant-Appellant. No. 90-50651. United States Court of Appeals, Ninth Circuit. Submitted Feb. 3, 1992. * Decided April 16, 1992. Before TANG, KOZINSKI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 A. The district court did not abuse its discretion when it denied defendant's motion to withdraw his guilty plea because he did not anticipate the outcome in United States v. O'Neal, 910 F.2d 663 (9th Cir.1990), amended on other grounds, 937 F.2d 1369 (9th Cir.1991). United States v. Oliveros-Orosco, 942 F.2d 644, 645-46 (9th Cir.1991). 3 B. Defendant's guilty plea was neither made unknowingly or involuntarily, nor accepted in violation of due process, simply because defendant was unaware of the O'Neal decision when he pled guilty; he was fully aware at that time that no one could tell him in advance what his precise guideline range would be. See…