United States v. Alberto Lopez-Yanez

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alberto LOPEZ-YANEZ, Defendant-Appellant. No. 93-50125. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1994. Decided April 5, 1994. Before: SNEED, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Luis Alberto Lopez-Yanez, the defendant, appeals his conviction and sentence under the Sentencing Guidelines following his guilty plea to possession of methamphetamine with intent to distribute in violation of 21 U.S.C. Sec. 841 (a)(1). The issues on appeal are: (1) whether the defendant's plea was involuntary; (2) whether the government breached the plea agreement; (3) whether there was a Jencks Act violation; and (4) whether the defendant should have received a lighter sentence. Lopez-Yanez asks this court to reverse the district court's denial of his motion to withdraw his guilty plea or, alternatively, to vacate his sentence and remand…