Gilbert Anthony Gutierrez v. Robert G. Borg, Warden

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gilbert Anthony GUTIERREZ, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appellee. No. 93-56188. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 10, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gilbert Anthony Gutierrez, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Gutierrez contends that his guilty plea was involuntary, and that he received ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 Gutierrez pleaded guilty to one count of second degree murder, in exchange for the striking of special circumstances allegations, use of a deadly weapon charges, and robbery counts. Gutierrez contends, and the district court…