Orlando Michael Sample v. United States

52 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Orlando Michael SAMPLE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-55281. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 10, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Orlando Michael Sample appeals the district court's second dismissal of his petition for relief under 28 U.S.C. Sec. 2255 , which followed a limited remand from this court. Sample claims that his plea of guilty to bank robbery was not knowing and voluntary because the district court failed to establish a factual basis and because his lawyer failed to inform him that there were no eyewitnesses to identify him as the robber. 3 We review de novo the district court's denial of a petition for relief under 28 U.S.C. Sec. 2255 . Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991). We also consider de novo whether a district court's…