John Anthony Barnes v. United States

979 F.2d 854 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Anthony BARNES Plaintiff-Appellant, v. UNITED STATES of America Defendant-Appellee. No. 90-55446. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1992. Decided Nov. 19, 1992. Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges. 1 MEMORANDUM * 2 John Anthony Barnes appeals the District Court's denial of his third § 2255 motion to have his sentence vacated. Barnes argues that poor advice from counsel rendered his guilty plea involuntary, that he did not receive effective assistance of counsel at sentencing, and that he was not competent to enter a guilty plea. Barnes principally argues that it was error to deny his motion without an evidentiary hearing. 3 Background. 4 The procedural history of Barnes' case is somewhat lengthy. Barnes pled guilty to certain counts in two separate unarmed bank robbery cases both of which were assigned to Judge Hupp. On September 15,…