United States v. Yong Uk Kim

961 F.2d 218 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Yong UK KIM, Defendant-Appellant. No. 91-10241. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 22, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Yong Uk Kim appeals his conviction following his guilty plea to knowingly and intentionally distributing in excess of 100 grams of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) & 841(b)(1)(A) and 18 U.S.C. § 2 . Kim contends that (1) he did not knowingly and intelligently waive his Miranda rights and his right to presence of counsel; (2) the indictment is duplicitous, ambiguous, and constitutionally defective; and (3) he was denied effective assistance of counsel. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 * The Constitutional Claims 4 "As a general rule, a guilty plea erases claims of…