Salvador Flores-Rodriguez, Aka: Salvador Rodriguez v. United States

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Salvador FLORES-RODRIGUEZ, aka: Salvador Rodriguez, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-56264. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1992. * Decided July 17, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Salvador Flores-Rodriguez (Flores) appeals the denial of his 28 U.S.C. § 2255 motion brought after his conviction pursuant to a guilty plea for conspiracy to possess three kilograms of cocaine with the intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). We reverse and remand for an evidentiary hearing. FACTS 3 On January 24, 1990, Flores was arrested with three other codefendants after they attempted to sell three kilograms of cocaine to undercover federal agents. Flores pled guilty to conspiring to possess cocaine with the intent to distribute. The guideline range for his offense…