United States v. Roger Dale Toles

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roger Dale TOLES, Defendant-Appellant. No. 91-16073. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 4, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Roger Toles appeals the district court's denial of his pro se motion to vacate his sentence under 28 U.S.C. § 2255 . Toles pled guilty to bank robbery, 18 U.S.C. § 2113 (a), but now contends he committed nothing more than bank larceny, 18 U.S.C. § 2113 (b). Toles alleges several errors related to his indictment for bank robbery rather than bank larceny. Toles also argues that the district court did not comply with Federal Rule of Criminal Procedure 11 (Rule 11) in accepting his guilty plea. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. OVERVIEW 3 Toles was indicted on September 8, 1989…