United States v. Jack Lande, AKA White Buffalo

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jack LANDE, aka White Buffalo, Defendant-Appellant. No. 95-35715. United States Court of Appeals, Ninth Circuit. Submitted Feb. 5, 1996. * Decided Feb. 13, 1996. 1 Before: WRIGHT, HALL and TROTT, Circuit Judges 2 MEMORANDUM ** 3 We affirm the district court's decision to deny Mr. Lande's petition for relief under 28 U.S.C. § 2255 . 4 An appellant's voluntary and intelligent guilty plea generally forfeits his right to argue double jeopardy in a motion for § 2255 relief. United States v. Broce, 488 U.S. 563, 569 (1989). A limited exception to this rule exists where a defendant can show, on the basis of the record before the trial judge at the time of the guilty plea, that the state could not constitutionally prosecute the charges to which the defendant pled guilty. Id. at 575 . This exception is not available to a defendant who needs an evidentiary hearing…