United States v. Kenneth Theodrick Parks

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Theodrick PARKS, Defendant-Appellant. No. 92-50421. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided May 19, 1993. 1 Before: NOONAN and LEAVY, Circuit Judges, and FITZGERALD, ** District Judge. 2 MEMORANDUM *** 3 Kenneth Theodrick Parks (Parks) appeals his sentence under Section 4B1.2 of the United States Sentencing Guidelines (USSG). Parks contends the district court erred in sentencing him as a career offender in that his 1982 conviction for robbery/kidnapping/forced oral copulation could not be counted because it was constitutionally invalid in that he was denied his right to counsel under the Sixth Amendment. 4 Without deciding whether Parks had a constitutional right to attack his 1982 state conviction in his sentencing hearing, the district court both considered and ruled on the validity of that conviction. Thus, we…