Creighton

United States v. Creighton

Good Law
52 F. App'x 31
United States Court of Appeals for the Ninth CircuitDecember 2, 2002No. 01-30167; D.C. No. CR-00-05247-JETCalifornia2,463 words

Opinion

Lead Opinion

MEMORANDUM **

Adam J. Creighton (“Creighton”) appeals his guilty plea conviction and sentence for one count of manufacturing marijuana ( 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(B)) and one count of conspiracy to engage in money laundering ( 18 U.S.C. §§ 1956 (a)(1)(A)®, 1956(a)(1)(B)®, 1956(h)). On appeal, Creighton asserts that (1) his counsel at the time of his plea was constitutionally ineffective, (2) the District Court erred in denying his motion to withdraw his plea, (3) the District Court erred in denying his motion for a continuance of his sentencing hearing and sentencing him in the absence of an evidentiary hearing to resolve disputed issues of fact, (4) the District Court erred in making its findings regarding his sentencing adjustments and the sum to be forfeited under the criminal forfeiture order, and (5) the forfeiture order lacked sufficient evidentiary support. Finally, he asserts that, if remanded, his case should be assigned to a different district judge.

This Court has jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . Because the parties are familiar with the facts and procedural history, they are not repeated here except as necessary. For the…

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