United States v. Dean L. Peterson

82 F.3d 424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dean L. PETERSON, Defendant-Appellant. No. 95-30163. United States Court of Appeals, Ninth Circuit. Submitted March 26, 1996. * Decided April 1, 1996. 1 Before: GOODWIN, WIGGINS, and O'SCANNLAIN Circuit Judges. 2 MEMORANDUM ** 3 Dean L. Peterson appeals his conviction following a guilty plea to conspiracy to distribute cocaine base and conspiracy to possess with intent to distribute over five grams of cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Peterson contends that his guilty plea was involuntary because he feared serving the maximum penalty if he proceeded to trial. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, United States v. Alber, 56 F.3d 1106, 1111 (9th Cir.1995), and affirm. 4 A defendant has no legal right to withdraw his guilty plea. Id. However, the district court may use its discretion…