United States v. Randy Lee Witzel

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randy Lee WITZEL, Defendant-Appellant. No. 93-50494. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 15, 1994. Decided Aug. 29, 1994. 1 Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, * District Judge. 2 MEMORANDUM ** 3 Randy Lee Witzel was convicted of possession of stolen mail matter in violation of 18 U.S.C. Sec. 1708 . He was sentenced to 18 months in custody to be followed by three years of supervised release based upon an offense level of 8 and a criminal history category of VI. He appeals the sentence. Specifically, he challenges the failure of the district court to conduct an evidentiary hearing regarding the constitutionality of his prior potentially uncounseled convictions for Driving While License Suspended (DWLS). We have jurisdiction over this timely appeal and AFFIRM. 4 On June 6, 1994 the Supreme Court…