United States v. Gary Lynn Tucker

56 F.3d 75 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Lynn Tucker, Defendant-Appellant. No. 93-30191. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1995. Decided May 18, 1995. 1 Before: BROWNING, REAVLEY, * and NORRIS, Circuit Judges 2 MEMORANDUM ** 3 Appellant Gary Lynn Tucker argued below that he and the Assistant United States Attorney ("AUSA") prosecuting him had entered a valid plea agreement in which he promised to plead guilty to being a felon in possession of a firearm, 18 U.S.C. Sec. 922 (g)(1), in exchange for the AUSA's promise not to seek an enhancement of his sentence under the Armed Career Criminal Act, 18 U.S.C. Sec. 924 (e)(1). The district court found that no valid plea agreement existed between the parties. Tucker entered a conditional guilty plea and now appeals the district court's decision. A finding on the existence of a plea agreement is a factual matter that is…