United States v. Harold Lou Sims

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harold Lou SIMS, Defendant-Appellant. No. 91-15698. United States Court of Appeals, Ninth Circuit. Submitted April 14, 1992. * Decided May 19, 1992. Before HUG, TANG and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Harold Lou Sims appeals pro se the district court's denial of his 22 U.S.C. § 2255 habeas corpus petition, challenging the district court sentence of twenty years for conspiracy to manufacture PCP in violation of 21 U.S.C. § 846 , following entry of a plea of guilty. Sims raises five issues on this appeal. 3 1. Sims first contends that he was denied his right to counsel under the Sixth Amendment when the probation officer would not interview him in the presence of his lawyer. Since sentence was imposed in this case prior to this court's decision in United States v. Herrera-Figueroa, 918 F.2d 1430 (1990), it is not subject to the…