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Name: U.S. v. Nguyen
Case #: 99-10195
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/28/2000
Subsequent History: None

As Nguyen’s guilty plea was knowing and voluntary, and United States v. Novarro-Botello (9th Cir. 1990) 912 F.2d 318 forecloses any attempt to collapse the validity of the waiver of his right to appeal into his underlying case on appeal, the district court properly denied Nguyen’s motion to withdraw his plea. [Editor’s note: The waiver here not only included a waiver of the right to appeal any sentence imposed within the sentencing guidelines, but also included an agreement that Nguyen would not request nor would he be allowed to make a plea withdrawal motion. Here, Nguyen did make a pro per motion to withdraw his plea on the grounds that there was no factual basis to support the plea, and that his attorney had not explained the collateral consequences of the plea. The district court denied the motion on the merits. The Court of Appeals did not address the validity of the plea withdrawal waiver, but dealt only with the appeal waiver issue.]