United States v. Wilton H. Jones

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Wilton H. JONES, Defendant-Appellant. No. 90-16685. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 29, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Ex-federal prisoner 1 Wilton H. Jones appeals pro se the district court's order denying his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. After a plea of nolo contendere, Jones was convicted of misbranding certain drugs, in violation of the Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. § 331 (k). We review de novo, Doganiere v. United States, 914 F.2d 165, 167 (9th Cir.1990), cert. denied, 111 S.Ct. 1398 (1991), and we affirm. 3 A defendant who enters a voluntary and intelligent plea upon advice of competent counsel may not collaterally attack the plea based on alleged defects in the indictment.…