United States v. Larry Victor Uphold

19 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Larry Victor UPHOLD, Defendant-Appellant. No. 93-30225. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 25, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Larry Victor Uphold appeals his 151-month sentence imposed following a guilty plea to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Uphold contends the district court erred by sentencing him as a career offender pursuant to U.S.S.G. Sec. 4B1.1 because his 1973 state felony conviction for armed robbery resulted from an invalid guilty plea. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Uphold asserts his 1973 conviction is constitutionally invalid because the state court failed to advise him of his constitutional rights, the elements of the crime, or the maximum sentence he could receive rendering his plea…