United States v. Roger A. Campos

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roger A. CAMPOS, Defendant-Appellant. No. 93-10571. United States Court of Appeals, Ninth Circuit. Submitted Feb. 17, 1995. * Decided Feb. 23, 1995. Before: HUG, FARRIS, and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 In this pre-Guidelines appeal, Roger Campos appeals his conviction and three-year probationary sentence following a guilty plea to conversion of property pledged to the Small Business Administration in violation of 15 U.S.C. Sec. 645 (c). Despite a negotiated plea agreement in which Campos waived the right to appeal both his conviction and sentence, he contends that the district court violated Fed.R.Crim.P. 11(c)(1) by failing to advise him of the possible maximum probationary term at his plea hearing. We vacate the sentence and remand for further proceedings. 3 We will not enforce the express waiver of the right to appeal in a negotiated plea agreement…