Michael Baird Jordan v. United States

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Baird JORDAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 89-15480. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided July 21, 1993. 1 Before: HUG and LEAVY, Circuit Judges, and REAL, ** Chief District Judge. 2 MEMORANDUM *** 3 On May 19, 1980, the petitioner, Michael B. Jordan, pled guilty in the Northern District of California to unarmed bank robbery in violation of 18 U.S.C. § 2113 (a) and armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d). His guilty plea was predicated on an agreement with the prosecutor that "a sentence of eight years incarceration is appropriate" for the armed bank robbery. Excerpt of Record at 66. However, at sentencing, the court stated that it felt that eight years was inappropriate. When the court gave Jordan the opportunity to withdraw his guilty plea, Jordan did not protest when his…