United States v. Clyde A. Charles

19 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clyde A. CHARLES, Defendant-Appellant. Nos. 92-39487, 93-30008. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1993. Decided Feb. 25, 1994. 1 Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges 2 MEMORANDUM * 3 I. Collateral Attack. 4 "[T]he Constitution requires that defendants be given the opportunity to collaterally attack prior convictions which will be used against them at sentencing." United States v. Vea-Gonzalez, 999 F.2d 1326, 1333 (9th Cir.1993) (refusing to adopt the view of other circuits that district judges have discretion as to whether to permit a collateral attack on constitutional grounds). There is no authority for limiting the nature of the constitutional challenge. 5 II. Constitutionality of the state convictions. 6 We review the voluntariness of a guilty plea de novo. United States v. Newman, 912 F.2d 1119,…