United States v. Herbert Wright

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Herbert WRIGHT, Defendant-Appellant. No. 95-50138. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1996. Decided Aug. 2, 1996. Before: FLETCHER, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Defendant Herbert Wright appeals his conviction for conspiracy and possession with intent to distribute cocaine. 21 U.S.C. § 846 . Although he pled guilty, he reserved the right to appeal the denial of his motion to dismiss the indictment. We affirm. FACTS 3 Wright was arrested by DEA agents in possession of 105 kilograms of cocaine. He waived his Miranda rights, confessed, and agreed to cooperate with the government by, among other things, making a controlled delivery of the cocaine. He contends that the DEA agents promised that he would be released and would not be prosecuted if he cooperated. He testified that the DEA agents "told me…