Unpublished Disposition, 894 F.2d 410 (9th Cir. 1987)Annotate this Case
UNITED STATES of America, Plaintiff-Appellee,v.Felipe Salas ESTRADA, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.
Submitted Jan. 11, 1990* Decided Jan. 22, 1990.
Before EUGENE A. WRIGHT, TANG and CANBY, Circuit Judges.
We reject Felipe Estrada's contention that his guilty plea violated his Fifth Amendment equal protection rights for three reasons. First, we decline to review this claim because he raised it for the first time on appeal. See, e.g., United States v. doremus, 888 F.2d 630, 633 n. 3 (9th Cir. 1989). Second, Estrada has presented no factual basis to support his claim. Third, Estrada has no equal protection right to be sentenced under the pre-Guideline standards because his offense occurred after November 1, 1987. In such cases, the Guidelines apply retroactively. See United States v. Kane, 876 F.2d 734, 735-36 (9th Cir.), cert. denied, 110 S. Ct. 173 (1989); see also, United States v. Gonzalez-Sandoval, --- F.2d ----, ----, slip op. at ---- (9th Cir.Jan.__, 1990).