United States v. Linda Sample

Good Law
92 F.3d 1195·1996 U.S. App. LEXIS 28201
United States Court of Appeals for the Ninth CircuitJuly 22, 199693-10561California887 words

Opinion

Opinion

92 F.3d 1195 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Linda SAMPLE, Defendant-Appellant. No. 93-10561, 93-10564. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1996. Decided July 22, 1996. 1 Before: SCHROEDER and HAWKINS, Circuit Judges, and FITZGERALD, * Senior District Judge. 2 MEMORANDUM ** 3 Linda Sample appeals the district court's denial of her motion to withdraw her guilty plea under Rule 32(d) of the Federal Rules of Criminal Procedure. She also appeals the district court's denial of her 28 U.S.C. § 2255 motion to vacate the sentence imposed following her plea of guilty to making a false loan application ( 18 U.S.C. § 1014 ) on the ground that her guilty plea was invalid. 4 We are without jurisdiction to consider Sample's motion to withdraw her guilty plea. Rule 32(d), as amended, provides that after sentencing, "a plea may be set aside only on direct appeal or by motion…

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