United States v. Kevin Charles Gilbeaux

Good Law
34 F.3d 1074·1994 WL 419859·1994 U.S. App. LEXIS 32124
United States Court of Appeals for the Ninth CircuitAugust 11, 199493-50820California1,326 words

Opinion

Opinion

34 F.3d 1074 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin Charles GILBEAUX, Defendant-Appellant. No. 93-50820. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 11, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Kevin Charles Gilbeaux appeals his conviction following entry of an unconditional guilty plea to armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a) and (d). Gilbeaux contends the plea must be vacated because the district court failed to comply with Fed.R.Crim.P. 11(e)(2) when it did not properly warn him he could not withdraw his guilty plea. Gilbeaux also contends the district court erred by denying his motion to withdraw his guilty plea because the plea was the result of coercion by his attorney. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 * Rule 11 Error 4 Gilbeaux argues that the district court failed…

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