United States v. David Graibe

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 GRAIBE, Defendant-Appellant. No. 92-55481. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1993. * Decided April 7, 1993. 1 Before: NOONAN and LEAVY, Circuit Judges, and TANNER, ** Senior District Judge. 2 MEMORANDUM *** 3 The appellant was indicted by a federal grand jury for conspiring to distribute more than five kilograms of cocaine in violation of 21 U.S.C. § 846 ; attempting to distribute nine kilograms of cocaine in violation of 21 U.S.C. § 846 ; and distributing approximately 14,900 grams of cocaine in violation of 21 U.S.C. § 841 (a)(1). The appellant pleaded guilty unconditionally to a first superceding information charging him with distributing more than 500 grams of cocaine in violation of 21 U.S.C. § 841 (a)(1). He received a ten year prison sentence. 4 The appellant moved to vacate his sentence pursuant to…