United States v. Rudy Delgadillo

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rudy DELGADILLO, Defendant-Appellant. No. 93-50502. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1994. Resubmitted March 2, 1995. Decided March 6, 1995. Before: FLETCHER, CANBY and HALL, Circuit Judges. 1 MEMORANDUM * 2 Appellant Rudy Delgadillo seeks specific enforcement of his plea agreement. We deny the remedy he seeks, but allow him to withdraw his plea. BACKGROUND 3 Delgadillo was charged in a two-count indictment with (1) importation of marijuana; and (2) possession with the intent to distribute marijuana. After Delgadillo had entered a plea of not guilty, his attorney and the Assistant U.S. Attorney attended a pre-motions criminal settlement conference required by General Order 390, in force in the Southern District of California. Judge Earl B. Gilliam presided. 4 Although no settlement was reached at the conference, later the…