United States v. Dale Noel Smith

32 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dale Noel SMITH, Defendant-Appellant. No. 93-30435. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 15, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Dale Noel Smith, a federal prisoner, appeals pro se the denial of his fourth motion to vacate, set aside, or correct his sentence following his conviction in 1978 for murder, aiding and abetting murder, robbery, and aiding and abetting robbery. Smith contends that (1) the district court should have recused itself; (2) the district court improperly considered uncounseled tribal convictions when sentencing him; (3) he received ineffective assistance of counsel at sentencing; and (4) his sentence amounted to cruel and unusual punishment. We have jurisdiction under 28 U.S.C. Sec. 2255 and affirm. 3 * Motion to Recuse 4 Smith argues that the…