United States v. Pacific Ship Repair & Fabricators, Inc.

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. PACIFIC SHIP REPAIR & FABRICATORS, INC., Defendant-Appellant. No. 91-50649. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1992. Decided Nov. 18, 1992. 1 Before HUG and PREGERSON, Circuit Judges, and PECKHAM, * District Judge. 2 MEMORANDUM ** 3 This misdemeanor case was tried before the magistrate pursuant to the written consent of the parties. A guilty plea was entered on the basis of a plea agreement to the offense of illegal removal of asbestos, in violation of 42 U.S.C. §§ 7412 (c)(1)(B) and 7413(c)(1)(C) (1988), and a judgment of conviction was entered. Appellant Pacific Ship Repair and Fabrication, Inc. ("Pacific Ship Repair") filed a motion to withdraw its plea or, in the alternative, for a Writ of Error Coram Nobis. 4 Pacific Ship Repair contended that the whole basis for the plea agreement was to resolve the…