Unpublished Disposition, 922 F.2d 845 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 922 F.2d 845 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Hector PENA-CORONADO, Defendant-Appellant.

No. 90-50199.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 7, 1990.* Decided Jan. 8, 1991.

Before FARRIS, K.K. HALL and KOZINSKI, Circuit Judges.


Appellant pled guilty to one count of conspiracy to possess a controlled substance. The district court found his plea to be knowing and voluntary. Appellant's only contrary argument is that his guilty plea was coerced because the magistrate had set bail at $400,000. The amount of bail, however, is irrelevant to whether his plea was voluntary.

Appellant's attack on the constitutionality of F.R.Crim.P. 11 and plea bargaining in general is precluded by the Supreme Court's decision in Santobello v. New York, 404 U.S. 257 (1971). Appellant waived his other arguments, such as the allegation of an unconstitutional search, by pleading guilty.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4. We therefore dismiss appellant's motion for expedited oral argument as moot


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

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