United States v. Robert Lee Wyatt

65 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Lee WYATT, Defendant-Appellant. No. 94-10554. United States Court of Appeals, Ninth Circuit. Submitted July 13, 1995. * Decided Aug. 16, 1995. Before: SNEED, CANBY and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts of the case; we will not recite them here. We reject Robert Lee Wyatt's appeal on several grounds. 3 As a procedural matter, we find that Wyatt waived his right to appeal on the Rule 11 issue. Wyatt had the opportunity to raise the Rule 11 issue in his first appeal to this court, and did not. "When a party could have raised an issue in a prior appeal but did not, a court later hearing the same case need not consider the matter." Alioto v. Cowles Communications, 623 F.2d 616, 618 (9th Cir.1980), cert. denied, 449 U.S. 1102 (1981). 4 Were we to reach the merits of Wyatt's appeal, however, we would nonetheless…