United States v. John Kelly

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John KELLY, Defendant-Appellant. No. 92-10077. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1993. * Decided March 26, 1993. Before: NORRIS, HALL, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 John Kelly pled guilty to bank robbery. 18 U.S.C. § 2113 (a). He was sentenced as a career offender under U.S.S.G. § 4B1.1. Before sentencing him, the district court considered his assertion that a California state court conviction for assault with a deadly weapon was not constitutional because it was based upon a guilty plea which was not knowing and voluntary. The district court found against him on that issue and he appealed. We affirm. 3 At the outset, the government claims that collateral attacks on prior convictions cannot be mounted at sentencing, even if those attacks are based on constitutional grounds. It cites U.S.S.G. § 4A1.2…