United States v. Richard Lee Muschik

Good Law
995 F.2d 234·1993 WL 205871·1993 U.S. App. LEXIS 21502
United States Court of Appeals for the Ninth CircuitJune 11, 199392-30233California1,460 words

Opinion

Opinion

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Lee MUSCHIK, Defendant-Appellant. No. 92-30233. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1993. Decided June 11, 1993. Before: WRIGHT, FARRIS and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Muschik appeals his convictions for escape from federal custody, 18 U.S.C. § 751 , and conspiracy to distribute LSD, 21 U.S.C. §§ 841 (a)(1) and 846 and his 20-year mandatory minimum sentence, 21 U.S.C. § 841 (b)(1)(A). We affirm his convictions but vacate his sentence and remand to the district court for strict compliance with 21 U.S.C. § 851 (b)'s inquire and inform provisions. 3 * Muschik raises numerous issues in this consolidated appeal. In his drug case, he argues that (1) his counsel was ineffective, (2) the court erred in denying his motions to sever and to withdraw his plea, (3) the government and the…

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