United States v. Alvarado Gallego

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alvarado GALLEGO, Defendant-Appellant. No. 95-15176. United States Court of Appeals, Ninth Circuit. Submitted Aug. 15, 1995. * Decided Oct. 27, 1995. Before: BROWNING, CHOY, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Alvarado Gallego, a prisoner in federal custody, appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion. Gallego argues that the district court erred by holding that there was a factual basis under Fed.R.Crim.P. 11(f) for his plea to a violation of 21 U.S.C. Sec. 848 . Specifically, Gallego contends that there was not a factual basis to establish that he was in a position of an organizer, a supervisor, or a manager with respect to five or more persons. We affirm. 3 On August 20, 1987, the grand jury returned an indictment charging Gallego with ten counts of federal drug and tax law violations. Count one charged Gallego with conducting a…