Gary Lee Middleton v. United States

46 F.3d 1143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary Lee MIDDLETON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-36128. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 13, 1995. * Decided: Jan. 30, 1995. 1 Before: PREGERSON and TROTT, Circuit Judges, and FITZGERALD, ** Senior District Court Judge. 2 MEMORANDUM *** 3 * Gary Lee Middleton ("Middleton") appeals the district court's denial (without a hearing) of his motion pursuant to 28 U.S.C. Sec. 2255 to vacate his sentence. Proceeding pro se, he alleges ineffective assistance of counsel, an involuntary guilty plea, and unresolved factual errors in his Presentence Report ("PSR") which would affect both his sentence and his placement within the Bureau of Prisons ("BOP"). We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm the district court's denial of Middleton's section 2255 motion, but we remand to ensure that the sentencing court complies with Rule 32. II…