United States v. Antonio Barocio, Jr.

8 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio BAROCIO, Jr., Defendant-Appellant. No. 92-10602. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1993. Decided Sept. 30, 1993. 1 Before: REINHARDT and LEAVY, Circuit Judges, and MERHIGE * , District Judge. 2 MEMORANDUM ** 3 Antonio Barocio, Jr. appeals the district court's denial of his motion to withdraw his guilty plea. Pursuant to a written plea agreement with the government, Barocio pleaded guilty to one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Barocio then changed counsel and filed a motion to withdraw his guilty plea. The basis of the motion was Barocio's contention that at the time of his plea he did not know that as a repeat drug offender he was subject to a mandatory term of twenty-years of imprisonment. Rule 32(d) of the Federal Rules of Criminal Procedure…