United States v. Darryl Everett Ward

85 F.3d 639 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darryl Everett WARD, Defendant-Appellant. No. 95-30243. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1996. * Decided May 15, 1996. Before: LAY, ** CHOY and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Ward pleaded guilty to conspiracy charges involving the possession and distribution of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He subsequently moved to withdraw his plea, but the district court denied the motion and sentenced him to a 120 month term of imprisonment, to be followed by four years of supervised release. 1 The government then dismissed the remaining counts, including a criminal forfeiture count. 3 Ward appealed, and on May 5, 1995 this Court affirmed the denial of his motion to withdraw his guilty plea, but reversed and remanded for resentencing, reasoning that the lower court erred in finding that Ward was a…