United States v. Howard James Harris, Howard James Harris v. United States

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Howard James HARRIS, Defendant-Appellant. Howard James HARRIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Nos. 95-10239, 95-15255. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided Nov. 6, 1996. 1 Before: O'SCANNLAIN, LEAVY, Circuit Judges, and HUFF * , District Judge. 2 MEMORANDUM ** 3 Appellant Howard James Harris moves to set aside a guilty plea entered in a 1988 narcotics distribution case. Appellant seeks to set aside his plea although he has already received a sentence from the lower court. Appellant is currently serving a 292-month sentence pursuant to a plea bargain implicating him in two of the several drug counts handed down against appellant in his indictment and superseding indictment. On January 20, 1995, the lower court issued an order denying defendant's motion to withdraw his plea…