United States v. Harold Estes

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harold ESTES, Defendant-Appellant. No. 95-30347. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Harold Estes appeals his conviction and sentence following his guilty plea to possessing methamphetamine and marijuana with the intent to distribute in violation of 21 U.S.C. § 841 (a) and 18 U.S.C. § 2 , distributing marijuana in violation of 21 U.S.C. § 841 (a) and 18 U.S.C. § 2 , and using or carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1) and 18 U.S.C. § 2 . Estes contends that his guilty plea was not knowing and intelligent because the district court violated Federal Rule of Criminal Procedure 11(c)(1) by failing to inform him that the government had to prove to a jury beyond a…