United States v. Marcelius Edward Strickland

29 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marcelius Edward STRICKLAND, Defendant-Appellant. No. 93-30349. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 22, 1994. Before: FARRIS, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Marcelius Edward Strickland appeals his conviction and sentence of 151 months imposed following his plea of guilty to distributing cocaine base in violation of 21 U.S.C. Sec. 841 (a)(1). Strickland contends the district court erred, first, by denying his motion to withdraw his plea and, second, by refusing to depart downward on the ground that the government's charging policies are racially discriminatory. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse and remand. 3 We review de novo the voluntariness of a guilty plea. United States v. Roberts, 5 F.3d 365, 368 (9th Cir.1994). Rule 11 requires a district court to advise a…