United States v. Ronald J. Dupard

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ronald J. DUPARD, Defendant-Appellant. No. 93-35754. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 8, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Ronald J. Dupard, a federal prisoner, appeals pro se the district court's partial grant of his second 28 U.S.C. Sec. 2255 motion to modify or vacate his 15-year sentence imposed following his guilty plea to delivery, possession, and conspiracy to distribute cocaine. Dupard contends the district court erred by: (1) refusing to allow him to withdraw his guilty plea as a remedy for the government's breach of his plea agreement; (2) refusing to consider his ineffective assistance of counsel claim on the ground that it was successive; and (3) failing to hold an evidentiary hearing on his motion. We affirm. 3 We review de novo the district court's…