Legal Opinion

United States v. Rubalcaba

Court of Appeals for the Ninth Circuit

Decided February 25, 1987No. 85-5161PublishedCited by 83 opinions

1Opinion of the Court

BRUNETTI, Circuit Judge:

Alfredo Rubalcaba appeals the district court’s denial of his motion to withdraw a guilty plea. Rubalcaba contends his plea was taken in violation of Federal Rule of Criminal Procedure 11 because (1) he did not knowingly and voluntarily waive his right to a jury trial, (2) the district court failed to explain the special parole term, (3) the district court failed to establish a factual basis for the conspiracy charge, and (4) Rubalcaba did not understand the plea agreement. Rubalcaba also contends that he was denied effective assistance of counsel, the imposition of…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Blockburger v. United StatesSupreme Court of the United States · 1931
  4. Blackledge v. AllisonSupreme Court of the United States · 1977
  5. Iannelli v. United StatesSupreme Court of the United States · 1975

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3Cited by83 opinions

  1. United States v. Hector Martin RamosCourt of Appeals for the Ninth Circuit · 1991
  2. United States v. Eric J. CarlsonCourt of Appeals for the Ninth Circuit · 1990
  3. Joseph Torrey v. Wayne EstelleCourt of Appeals for the Ninth Circuit · 1988
  4. State v. DeanUtah Supreme Court · 2004
  5. United States v. Richard Angelo Calabrese and Carol Ann Calabrese, United States of America v. Terry A. LoganCourt of Appeals for the Ninth Circuit · 1987

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