United States v. Jose Fiallo-Lopez

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose FIALLO-LOPEZ, Defendant-Appellant. No. 94-30035. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1994. * Decided Nov. 4, 1994. Before: WRIGHT, BEEZER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Fiallo-Lopez pleaded guilty to conspiracy to distribute cocaine and cocaine base in violation of 21 U.S.C. Secs. 846 , 841(a)(1) and 841(b)(1)(A). The court sentenced him to 188 months in prison and 5 years of supervised release, the low end of the calculated range. He appeals his sentence and the denial of his motion to withdraw his guilty plea. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Fiallo-Lopez argues that he has a right to collaterally challenge the constitutionality of his prior convictions at sentencing. 1 Neither the Constitution nor the Sentencing Guidelines afford him such a right. United States v. Custis, 114 S.Ct.…