United States v. Floyd Vincent Young

Ninth Circuit Court of Appeals

Submitted Dec. 5, 1989.* Decided Dec. 13, 1989.

Ninth Circuit Court of Appeals · decided 1989-12-13

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Carrasco · Youngberg v. Great West Life Assurance Company

Decided 1989-12-13

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Before GOODWIN, Chief Judge, and SCHROEDER and O'SCANNLAIN, Circuit Judges.

ORDER

¶1

This appeal is dismissed for want of jurisdiction. Fed.R.Crim.P. 11(a)(2); United States v. Carrasco, 786 F.2d 1452, 1453-54 (9th Cir.1986).

¶2

The record contains no written evidence of a condition attached to the guilty plea. Whether or not "something was said" orally during the sentencing proceedings may be an issue to be explained in a petition filed under 28 U.S.C. § 2255. This appeal is dismissed without prejudice to any further remedy the appellant may seek.

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); Circuit Rule 34-4