Ramirez

United States v. Ramirez

Good Law
30 F. App'x 747
United States Court of Appeals for the Ninth CircuitFebruary 6, 2002No. 00-50726; D.C. No. CR-98-03262-1-IEGCalifornia1,632 words

Opinion

Lead Opinion

MEMORANDUM *

BACKGROUND

Defendant-appellant Jose ValdovinosRamirez (“Valdovinos”) appeals his conviction by guilty plea and sentence for one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Because the facts are well known to the parties, they are recounted here only to the extent necessary to explain our ruling.

*749 DISCUSSION

I. Voluntariness of Plea

Valdovinos contends that his guilty plea was involuntary and must therefore be vacated. Specifically, Valdovinos argues that he pled guilty only because he had no choice other than to plead “at the district court’s insistence” or proceed to trial with an attorney with whom he had no communication.

To determine voluntariness, the court must examine the totality of the circumstances surrounding the plea. United States v. Kaczynski, 239 F.3d 1108, 1114 (9th Cir.2001). “[A] plea of guilty entered by one fully aware of the direct consequences ... must stand unless induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by promises that are by their nature improper as having no proper…

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