United States v. Donald Gene Nicholas

990 F.2d 1264 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Gene NICHOLAS, Defendant-Appellant. No. 92-30046. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 18, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Donald Gene Nicholas appeals his conviction and 180-month sentence after a conditional guilty plea to being an ex-felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Nicholas contends that the district court erred by (1) denying his motion to dismiss the indictment because preindictment delay violated the Fifth Amendment Due Process Clause and (2) enhancing his sentence under the Armed Career Criminal Act (ACCA) based in part on a prior state conviction which resulted from an invalid guilty plea. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 * Preindictment Delay 4 We review…