United States v. Jose Guadalupe Carbajal-Ceja

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Guadalupe CARBAJAL-CEJA, Defendant-Appellant. No. 95-50168. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1995. * Decided Oct. 20, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Guadalupe Carbajal-Ceja appeals his conviction following entry of a guilty plea to possession with intent to distribute a controlled substance, in violation of 21 U.S.C. Sec. 841 (a)(1), and conspiracy, in violation of 21 U.S.C. Secs. 846 and 841(a)(1). Carbajal-Ceja contends that the district court erred by denying his motion to withdraw his guilty plea and by refusing to depart downward from the guidelines range. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for abuse of discretion a district court's denial of a motion to withdraw a guilty plea. United States v. Albers, 56 F.3d 1106, 1111…