Ronald Duke Kelly v. United States

15 F.3d 1086 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Duke KELLY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-35575. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. * Decided Jan. 13, 1994. Before: REINHARDT, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Duke Kelly, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Kelly was convicted of bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). Kelly contends that: (1) he was denied the effective assistance of counsel at the sentencing phase; and (2) the district court erred in dismissing Kelly's challenge to a 1982 prior state conviction. We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Johnson, 988 F.2d 941, 944 (9th Cir.1993), and affirm. 3 Kelly contends that his attorney was ineffective for failing…