Richard Carlton Risher v. United States

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard Carlton RISHER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-55274. United States Court of Appeals, Ninth Circuit. Submitted Jan. 7, 1993. * Decided May 7, 1993. 1 Before CANBY and NORRIS, Circuit Judges, and TANNER, District Judge. ** 2 MEMORANDUM *** 3 Risher appeals from the district court's denial of his § 2255 motion. He makes two claims: 1) his sentence violates the due process and the ex post facto clauses because he entered his plea at a time when the Guidelines were not in effect and was later sentenced as a career offender under the Guidelines, and 2) his sentence violates due process and Fed.R.Crim.P. 11(c) because the trial court failed to inform him when he pled guilty that he might be sentenced as a career offender under the Guidelines. 1 We reject these claims. 4 Criminal defendants who entered guilty pleas during the time the Guidelines were not in…