United States v. John Marvin Hayes

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Marvin HAYES, Defendant-Appellant. No. 91-10331. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 1, 1993. Before: CANBY, FERNANDEZ, T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Hayes appeals pro se his conviction by guilty plea of receiving obscene matters in interstate commerce in violation of 18 U.S.C. § 1462 (a). He argues that the government entrapped him into committing the crime and that the actions of Customs Service investigators constituted outrageous government conduct. We conclude that these arguments were waived by his unconditional guilty plea. We affirm. I. 3 We address the threshold question whether Hayes may raise issues of entrapment and outrageous government conduct after entering a guilty plea. As a general rule, a guilty plea erases claims of constitutional violation arising before the plea.…