Erwin Gonzalez v. United States
Opinion
Opinion
995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Erwin GONZALEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-56297. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 26, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Erwin Gonzalez, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate his sentence imposed following his guilty plea to conspiracy to possess with intent to distribute and distribute cocaine, in violation of 21 U.S.C. § 846 . Gonzalez contends that there was not a factual basis for his plea because there was no evidence of his agreement with his codefendants, and that his plea was involuntary because the district court did not inform him that he was subject to a term of supervised release before accepting the plea. He also contends that the district court erred by failing to hold an evidentiary hearing and…