Perry Deon Breveard v. United States

Good Law
993 F.2d 881·1993 WL 151260·1993 U.S. App. LEXIS 18216
United States Court of Appeals for the Ninth CircuitMay 11, 199392-55797California376 words

Opinion

Opinion

993 F.2d 881 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Perry Deon BREVEARD, Petitioner-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-55797. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1993. * Decided May 11, 1993. Before: KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 In an attempt to set aside his guilty plea, appellant raises several claims under 28 U.S.C. § 2255 . 3 Appellant contends his plea was not voluntary because he wasn't aware his maximum sentence could be longer than the 130 months the government agreed to. Yet the plea agreement did disclose that the sentence could be longer than 130 months, and the court sentenced the defendant to the very 130 months he bargained for. 4 The argument that appellant's counsel coerced him into pleading also fails. The only evidence in the record supports the district court's conclusion that there was no coercion. Breveard himself said as much at…

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