Jose Manuel Quijada Gaxiola v. United States

OPINION

Before CHAMBERS, BROWNING and ELY, Circuit Judges. ELY, Circuit Judge:

Gaxiola was convicted after pleading guilty to the charge of importing marijuana without paying a tax required un der 26 U.S.C. § 4744(a). He contends 1 that he should be afforded an opportunity to plead anew because (1) he did not knowingly and intelligently waive his right to claim the privilege against self-incrimination as a complete defense to the marijuana tax charge since that right was not established until one year after his plea was entered (Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L. Ed.2d 57…