United States v. Don Bogard, AKA Larry Don Bogard, Jr. AKA Michael R. Staten

51 F.3d 282 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Don BOGARD, aka Larry Don Bogard, Jr.; aka Michael R. Staten, Defendant-Appellant. No. 94-50099. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 9, 1995. Decided March 22, 1995. 1 Before: CANBY and NOONAN, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 Defendant Don Bogard appeals from his conviction and sentencing following a jury trial on four counts of possession with intent to distribute, and distribution of, phencyclidine ("PCP"), in violation of 21 U.S.C. Sec. 841 (a)(1). Bogard contends that the district court erred in (1) denying his motion to recuse his trial judge, (2) in denying his motion for mistrial based on some of the jurors having allegedly viewed him in the custody of U.S. marshals, and (3) in holding that two prior felony convictions were unrelated, thus warranting sentencing Bogard as a career offender. We…