United States v. Frederick Lee Menefee

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frederick Lee MENEFEE, Defendant-Appellant. No. 92-50046. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 3, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Frederick L. Menefee appeals his sentence of 168 months, imposed for the second time under the United States Sentencing Guidelines (Guidelines or U.S.S.G.), following his guilty plea to three counts of unarmed bank robbery. We remanded this case in 1991 for an evidentiary hearing to determine whether Menefee's guilty pleas in two prior cases were voluntary and intelligent, in compliance with Boykin v. Alabama, 395 U.S. 238 (1969). In this, his second appeal, Menefee renews his claim that the district court erred by sentencing him as a career offender pursuant to U.S.S.G. § 4B1.1 because the government failed to establish the…