United States v. Andrew Frank Laviguer

Good Law
990 F.2d 1263·1993 WL 77232·1993 U.S. App. LEXIS 13941
United States Court of Appeals for the Ninth CircuitMarch 18, 199392-30282California712 words

Opinion

Opinion

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Andrew Frank LAVIGUER, Defendant-Appellant. No. 92-30282. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 18, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Andrew Frank Laviguer appeals the 180-month sentence imposed after his guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a). Laviguer contends that the district court erroneously classified him as a "career offender" by relying in part on a 1986 state robbery conviction which resulted from an invalid guilty plea. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review de novo the voluntariness of a guilty plea, while we review for clear error the district court's factual findings regarding the prior conviction. United States v. Newman, 912 F.2d 1119, 1123 (9th Cir.1990). 4 When the…

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