United States v. David Rodrigues-Salinas

Good Law
983 F.2d 1079·1992 WL 374542·1992 U.S. App. LEXIS 37075
United States Court of Appeals for the Ninth CircuitDecember 14, 199292-30251California628 words

Opinion

Opinion

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 RODRIGUES-SALINAS, Defendant-Appellant. No. 92-30251. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 14, 1992. Before TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 David Rodrigues-Salinas appeals his 84-month sentence under the United States Sentencing Guidelines, imposed following a guilty plea, for being a deported alien found in the United States in violation 8 U.S.C. § 1326 . Rodrigues-Salinas contends that the district court erroneously calculated his criminal history score. Specifically, he argues that the district court relied on a prior conviction which resulted from an invalid guilty plea. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the voluntariness of a guilty plea, while we review for clear error the district court's factual findings…

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