R.L. Rogers v. United States

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. R.L. ROGERS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-35914. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 R.L. Rogers, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion to vacate his 210-month sentence imposed following his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922 (g)(1). Rogers contends that he was improperly sentenced as an armed career criminal under 18 U.S.C. Sec. 924 (e). We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Garfield, 987 F.2d 1424, 1426 (9th Cir.1993), and affirm. 3 Rogers contends that he was improperly sentenced as an armed career criminal because in order to be classified as a career offender under U.S.S.G. Sec.…