Francis Joseph Poole v. United States

5 F.3d 539 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Francis Joseph POOLE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-56542. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 25, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Francis Joseph Poole, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate or set aside his judgment and conviction. Poole challenges his guilty plea conviction for bank robbery. He contends that the district court erred by denying his section 2255 motion without an evidentiary hearing on his claim that his plea was involuntary. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo a district court's decision on a section 2255 motion, Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991), and we affirm. 3 Poole contends that the district court erred by not holding an…