UNITED STATES of America, Plaintiff-Appellee, v. Peter A. BEIERLE, Defendant-Appellant

Opinion by Judge SNEED.

Defendant Peter Beierle appeals the district court’s denial of his 28 U.S.C. § 2255 motion. Beierle contends that his 25-year sentence should be reduced to 20 years, the statutory maximum for unarmed bank robbery under 18 U.S.C. § 2113 (a), because the district court erroneously enhanced his sentence under section 2113(d), after related firearms charges were dismissed pursuant to a plea agreement. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2255, and we affirm.

I.

On February 17, 1988, Peter Alexander Beierle was charged in federal court with (1) armed bank robbery in violation of 18 U.S.C. § 2113(a, d); (2) unlawfully carrying a firearm during the commission of a crime of violence in violation of 18 U.S.C. § 924 (c)(1); and (3) possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. §§ 5861 (d), 5871. On April 14, 1988, Beierle entered a no contest plea to count I, armed bank robbery, in exchange for dismissal of counts II and III.

In connection with the no contest plea, Beierle signed a petition and order for entering a no contest plea, which stated that he had consulted with his attorney and read the indictment, understood…