United States v. David Bakke

981 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David BAKKE, Defendant-Appellant. No. 90-10130. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1992. * Decided July 23, 1992. Before CHAMBERS, FARRIS and POOLE, Circuit Judges. ORDER 1 The appellee's petition for rehearing is granted. The memorandum disposition filed March 3, 1992 is withdrawn. Appellant's Motion for Bail is denied. 2 MEMORANDUM ** INTRODUCTION 3 Appellant David Roy Bakke pleaded guilty to one count of making a false statement on a U.S. Postal Service form in violation of 18 U.S.C. § 1001 , one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g), and one count of theft of mail by an employee in violation of 18 U.S.C. § 1709 . Bakke alleges that the district court abused its discretion in denying his motion to withdraw his guilty plea. We agree, and now vacate his sentence and…