United States v. Don Bogard, Jr., T/n Larry Donnell Bogard

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Don BOGARD, Jr., T/N Larry Donnell Bogard, Defendant-Appellant. No. 92-50215. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 5, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Larry Donnell Bogard appeals his conviction, following a guilty plea, for distribution of phencyclidine, a violation of 21 U.S.C. § 841 (a)(1). Bogard contends that the district court violated Fed.R.Crim.P. 11 by failing to advise him of the constitutional rights he was waiving by pleading guilty, failing to establish a sufficient factual basis for his guilty plea, and failing to advise him of the nature of the charge to which he pleaded guilty. We have jurisdiction under 28 U.S.C. § 1291 . We vacate and remand to allow Bogard an opportunity to replead. 3 Bogard contends that his conviction is invalid as a matter…