United States v. Kim I. Marholz

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kim I. MARHOLZ, Defendant-Appellant. No. 95-50366. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Kim I. Marholz appeals the district court's denial of his motion to withdraw his plea of guilty to narcotics and weapons offenses in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. §§ 922 (g)(1), 924(a) and 922(k). Marholz contends that he should have been allowed to withdraw his plea before sentencing because the warrant that authorized the search of his house was not supported by probable cause. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review for an abuse of discretion the district court's denial of a motion to withdraw a guilty plea before sentencing. United States v. Alber, 56 F.3d 1106, 1111…