United States v. Guillermo Anaya

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Guillermo ANAYA, Defendant-Appellant. No. 89-50036. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1992. * Decided April 29, 1992. Before POOLE, WIGGINS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Appellant appeals the district court's denial of his motion to withdraw his guilty plea pursuant to Fed.R.Crim.P. 32(d). We assume this is a direct appeal, and therefore have jurisdiction, 28 U.S.C. § 1291 . 1 We affirm. FACTS AND PROCEDURAL HISTORY 3 The government entered into an oral plea agreement with Appellant on March 28, 1985, under which Appellant pleaded guilty to one count of manufacture of cocaine, in exchange for the government's recommendation of a sentence not in excess of five years, dismissal of two other counts, and its promise not to prosecute Appellant for fraudulently obtaining a United States passport. Appellant admitted his…