United States v. James Alexander Beverley, Aka: James Bradley

Beverley pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113 (a). The presentence report determined that Beverley had two prior felony convictions qualifying him as a career offender: (1) a 1985 conviction for selling marijuana; and (2) a 1989 robbery conviction. Prior to sentencing, Beverley filed a “Position Re: Sentencing” contesting the validity of his 1985 marijuana conviction and attached thereto a copy of his habeas corpus petitions. Beverley contends that he received ineffective assistance of counsel regarding his plea agreement on the 1985 controlled substance offense and that his plea of guilty was not made knowingly and intelligently.

The government opposed the motion arguing that a defendant may not collaterally attack prior convictions at sentencing.

The district court agreed with the government at sentencing and did not consider Beverley’s challenge to his prior marijuana conviction and denied his motion to continue sentencing pending the outcome of his habe-as petition before the Supreme Court of California. Beverley was sentenced as a career offender to 168 months of incarceration. Beverley timely appeals.

DISCUSSION

“The district…