United States of America, Plaintiff-appellee, v. Albert Richard Salman, Defendant-appellant, 5 F.3d 543 (9th Cir. 1993)

MEMORANDUM^** 

In this pre-Guidelines case, Albert Salman appeals pro se his conviction following entry of a guilty plea to counterfeiting in violation of 18 U.S.C. § 471. Salman contends the district court erred by denying his postsentence motion to withdraw his guilty plea. We dismiss the appeal for lack of jurisdiction.

The applicable version of Fed. R. Crim. P. 32(d) provides that, "after sentencing, 'a plea may be set aside only on direct appeal or by motion under 28 U.S.C. § 2255.' " United States v. Baker, 790 F.2d 1437, 1438 (9th Cir. 1986) (quoting Fed. R. Crim. P. 32(d) (1983)).

On December 5, 1973, Salman entered a guilty plea to the offense of conviction. On October 19, 1992, Salman filed a postsentence motion before the district court to withdraw his guilty plea. The court entertained the motion and denied it. Because Rule 32(d), however, limited Salman's avenues of relief to either a direct appeal or a 2255 motion, the district court erroneously entertained the motion. See id. at 1438. We lack jurisdiction to consider the merits of Salman's appeal from the court's denial of his motion. See id.

DISMISSED.