United States v. Richard Salvador Gutierrez

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Salvador GUTIERREZ, Defendant-Appellant. No. 94-50296. United States Court of Appeals, Ninth Circuit. Submitted: Dec. 19, 1994. * Decided: Jan. 6, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Richard Salvador Gutierrez appeals his sentence under the Sentencing Guidelines imposed following his conviction for bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). He contends that he has the right to attack collaterally a state robbery conviction used to enhance his sentence under U.S.S.G. Sec. 4B1.1, the career offender provision of the Sentencing Guidelines. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 A defendant has no constitutional or statutory right to attack collaterally a prior conviction used for sentence enhancement under the Armed Career Criminal Act, 18 U.S.C. Sec. 924 (e), unless the prior…