United States v. Adalberto Rivera-Valdivia

Good Law
47 F.3d 1177·1995 WL 62740·1995 U.S. App. LEXIS 19390
United States Court of Appeals for the Ninth CircuitFebruary 13, 199593-50837California583 words

Opinion

Opinion

47 F.3d 1177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Adalberto RIVERA-VALDIVIA, Defendant-Appellant. No. 93-50837. United States Court of Appeals, Ninth Circuit. Submitted Oct. 19, 1994. Decided Feb. 13, 1995. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM * 2 Adalberto Rivera-Valdivia appeals his conviction following entry of a guilty plea to one count of importation of marijuana in violation of 21 U.S.C. Secs. 952 and 960. Rivera-Valdivia contends that the district court erred in denying his motion to withdraw his guilty plea pursuant to Fed.R.Crim.P. 32(d). We affirm. 3 The denial of a Rule 32(d) motion is subject to an abuse of discretion standard of review. United States v. Zweber, 913 F.2d 705, 710 (9th Cir.1990). The court reviews the voluntariness of a guilty plea de novo. United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993). Finally, whether a defendant received ineffective…

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