United States v. Rafael Ortiz-Caballero

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael ORTIZ-CABALLERO, Defendant-Appellant. No. 94-10211. United States Court of Appeals, Ninth Circuit. Submitted Feb. 16, 1995. * Decided March 27, 1995. 1 Before: SNEED and O'SCANNLAIN, Circuit Judges, and MERHIGE, District Judge. ** 2 MEMORANDUM *** 3 Rafael Ortiz-Caballero appeals his conviction and 34-month sentence following an Alford plea to possession with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 841 (a)(1). 1 He contends the district court erred by declining to dismiss the indictment for pre-indictment delay, to permit withdrawal of Ortiz-Caballero's Alford plea, and to hold an evidentiary hearing on sentencing issues. He also contends he was denied effective assistance of counsel because his counsel delayed in moving to withdraw the Alford plea. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm the conviction and sentence. I.…