United States v. Hector Mendoza-Oseguera

Good Law
86 F.3d 1164·1996 WL 287156·1996 U.S. App. LEXIS 41966
United States Court of Appeals for the Ninth CircuitMay 30, 199693-10656California1,037 words

Opinion

Opinion

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hector MENDOZA-OSEGUERA, Defendant-Appellant. No. 93-10656. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 18, 1996. Decided May 30, 1996. Before: FERGUSON, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Hector Mendoza-Oseguera appeals his conviction by guilty plea on several grounds, including the claim that his plea was not entered voluntarily. The defendant pleaded guilty to distributing heroin and possessing heroin with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), and to using and carrying a firearm in violation of 18 U.S.C. § 924 (c)(1). We reverse on the ground that the defendant's guilty plea was not voluntary. 1 DISCUSSION 3 The defendant contends that his trial attorney, the prosecutor, and the court all misunderstood the elements of the firearms charge. The defendant argues that this error…

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