United States v. Larry D. Bogard

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 D. BOGARD, Defendant-Appellant. No. 94-55015. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Jan. 10, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Larry Donnell Bogard appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his 1980 bank robbery conviction. Bogard alleged that his trial counsel coerced him into entering his guilty plea and then refused to permit him to withdraw the plea, as well as committing other procedural errors. Bogard filed his habeas petition thirteen years after his guilty plea, and the district court concluded that Bogard's habeas petition was barred by Rule 9(a) of the Rules Governing Section 2255 cases in the United States District Courts. 3 A district court may dismiss under Rule 9(a) where the "government has been…