United States v. Guadalupe Amador Alaffa

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Guadalupe Amador ALAFFA, Defendant-Appellant. No. 94-10010. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 20, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Guadalupe Amador Alaffa appeals his guilty plea conviction of armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a) and use of a firearm during a crime of violence in violation of 18 U.S.C. 924(c)(1). Alaffa contends the district court erred in accepting his guilty plea because he repudiated the factual basis for the plea. He also contends that the waiver of the right to appeal in the plea agreement was ineffective because the agreement was a nullity. 1 We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Alaffa contends that the district court erred in denying the motion to withdraw his guilty plea after he…