United States v. Cuong Van Ha

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cuong Van HA, Defendant-Appellant. No. 94-50654. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 1, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Cuong Van Ha appeals his guilty plea conviction for conspiracy in violation of 18 U.S.C. Sec. 371 . Ha contends that the district court erred by denying his motion to withdraw his guilty plea because it was invalid due to ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review a district court's decision whether to grant a motion for withdrawal of a guilty plea for an abuse of discretion. United States v. Alber, 56 F.3d 1106, 1111 (9th Cir.1995). Whether a defendant received ineffective assistance of counsel is a mixed question of law and fact reviewed de novo. United States v. Davis, 36 F.3d…