United States v. Brian Ray Noyes

Ninth Circuit

United States v. Brian Ray Noyes

66 F.3d 337, 1995 U.S. App. LEXIS 31738, 1995 WL 536340

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 8, 1995

Docket95-30086

StatusUnpublished

This text of 66 F.3d 337 (United States v. Brian Ray Noyes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Brian Ray Noyes, 66 F.3d 337, 1995 U.S. App. LEXIS 31738, 1995 WL 536340 (9th Cir. 1995).

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66 F.3d 337

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Brian Ray NOYES, Defendant-Appellant,

No. 95-30086.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 16, 1995.*
Decided Sept. 8, 1995.

Before: ALARCON, FERNANDEZ and RYMER, Circuit Judges.

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.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 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

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66 F.3d 337

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Brian Ray NOYES, Defendant-Appellant,

No. 95-30086.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 16, 1995.*
Decided Sept. 8, 1995.

Before: ALARCON, FERNANDEZ and RYMER, Circuit Judges.

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.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 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

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