United States v. Richard O. Kelly, Sr.

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 O. KELLY, Sr., Defendant-Appellant. No. 94-56153. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1995. Decided March 29, 1995. Before: HUG, SCHROEDER and BOOCHEVER, Circuit Judges. 1 MEMORANDUM * 2 Richard O. Kelly appeals from the denial of his 28 U.S.C. Sec. 2255 motion. He claims he is entitled to an evidentiary hearing on his allegations of ineffective assistance of counsel and prejudicial lack of compliance by the district court with Federal Rule of Criminal Procedure 11(c)(1). This panel has previously affirmed the district court's earlier denial of a motion to withdraw the guilty plea. See United States v. Kelly, No. 93-50132 (9th Cir., filed December 29, 1993). 3 Appellant was originally charged with thirty-three counts of mail and wire fraud and one count of interstate transportation of property taken by fraud. The plea…