Dwayne McElwee v. John M. Ratelle, Warden Attorney General of California

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwayne McELWEE, Petitioner-Appellant, v. John M. RATELLE, Warden; Attorney General of California, Respondents-Appellees. No. 92-55413. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided May 19, 1993. 1 Before: NOONAN and LEAVY, Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 MEMORANDUM *** 3 Dwayne McElwee appeals from the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2253 . He claims his federal constitutional rights were violated because his guilty plea was not knowing and voluntary. He claims his plea was based upon his counsel's gross misrepresentations as to his sentence should he plead guilty. McElwee requests that his case be remanded to federal district court for an evidentiary hearing on the constitutional validity of the guilty plea. 4 The basis for McElwee's complaint is that his attorney, Mr. Lloyd, assured him that if he…