United States v. Steven J. Launer

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven J. LAUNER, Defendant-Appellant. No. 92-50069. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994 * Memorandum Filed Jan. 10, 1995. Memorandum Withdrawn July 28, 1995. Decided July 28, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Steven J. Launer appeals the conviction imposed following his guilty plea to mailing child pornography in violation of 18 U.S.C. Sec. 2252 . We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . 3 We originally vacated Launer's sentence and remanded to allow Launer to plead anew or proceed to trial. We did so because we concluded that at the change of plea hearing the district court did not establish an adequate factual basis for Launer's guilty plea. On February 27, 1995, the government filed a petition for rehearing. In response to our request, Launer filed a response on May 1,…