United States v. Darwin F. Smith

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darwin F. SMITH, Defendant-Appellant. No. 92-10373. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Darwin F. Smith appeals his conviction after a guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Smith appears to contend that an insufficient factual basis existed for his plea. We dismiss the appeal for lack of jurisdiction. 3 Fed.R.Crim.P. 11(a)(2) requires a defendant to enter a conditional guilty plea reserving the right to appeal any pretrial ruling, which, if granted, would be dispositive of the case. Fed.R.Crim.P. 11(a)(2) advisory committee's note (1983 amend.); see also United States v. Echegoyen, 799 F.2d 1271, 1275-76 (9th Cir.1986); United States v. Carrasco, 786 F.2d 1452, 1454 (9th…