Unpublished Disposition, 894 F.2d 410 (9th Cir. 1987)

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US Court of Appeals for the Ninth Circuit - 894 F.2d 410 (9th Cir. 1987)

UNITED STATES of America, Plaintiff-Appellee,v.Felipe Salas ESTRADA, Defendant-Appellant.

No. 89-30091.

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).



The panel unanimously agrees that this case is appropriate for submission without oral argument. Fed. R. App. P. 34(a); 9th Cir. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3