United States v. Willy Elmer Sweeten

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Willy Elmer SWEETEN, Defendant-Appellant. No. 92-30371. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 16, 1993. Before: WALLACE, WRIGHT, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Willy Sweeten appeals the district court ruling at his resentencing hearing that his prior Ohio conviction for aggravated assault was a predicate offense pursuant to the sentence enhancement provisions of 18 U.S.C. § 924 (e)(1). Sweeten contends that his conviction was not based on a voluntary and intelligent guilty plea and that he was denied the effective assistance of counsel when entering his plea. We affirm the judgement of the district court. PROCEEDINGS 3 On May 22, 1990, Sweeten pleaded guilty to the charge of being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). The United States contended,…