United States of America, Plaintiff-appellee, v. Brian Ray Noyes, Defendant-appellant,, 66 F.3d 337 (9th Cir. 1995)

MEMORANDUM^** 

Brian Ray Noyes appeals his guilty plea conviction for possession with intent to deliver methamphetamine, carrying a firearm during a drug trafficking crime, and possession of a firearm by a previously convicted felon. Noyes contends the district court erred by denying his motion to suppress jailhouse comments made by his co-defendant and the testimony of police officers who followed Noyes to the methamphetamine. We have jurisdiction under 28 U.S.C. 1291, and we affirm.

A defendant who voluntarily and knowingly pleads guilty waives claims of constitutional violations that occurred prior to the entry of the guilty plea. See Tollett v. Henderson, 411 U.S. 258, 266-67 (1973); United States v. Cortez, 973 F.2d 764, 766 (9th Cir. 1992). There is no evidence in the record that Noyes considered his plea to be conditional, and the record indicates that the district court complied with Fed. R. Crim. P. 11 and insured that Noyes' guilty plea was voluntary. See United States v. Roberts, 5 F.3d 365, 368 (9th Cir. 1993); Fed. R. Crim. P. 11. Accordingly, the district court is

AFFIRMED.