United States v. Michael E. Herbacek

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael E. HERBACEK, Defendant-Appellant. No. 90-10600. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 27, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael E. Herbacek appeals his sentence, following a conviction on a conditional guilty plea, for conspiracy to manufacture and distribute PCP in violation of 21 U.S.C. § 841 (a)(1). Herbacek contends that the district erred by failing to: (1) inquire whether he admitted or denied a prior drug conviction used to determine the statutory mandatory minimum sentence applicable to him; and (2) warn him that his only opportunity to challenge the prior conviction was before sentencing. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we vacate the sentence and remand for resentencing. 3 Generally, objections that are not raised in…