United States v. Carl Raymond Burgess

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carl Raymond BURGESS, Defendant-Appellant. No. 95-35674. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 5, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Carl Raymond Burgess appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Burgess contends that the indictment was defective and his attorney was ineffective. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Sanchez v. United States, 50 F.3d 1448, 1451 (9th Cir.1995), and affirm. 3 A defendant who voluntarily and knowingly pleads guilty waives all nonjurisdictional defects in the criminal proceeding. See Tollett v. Henderson, 411 U.S. 258, 266-67 (1973); United States v. Cortez, 973 F.2d 764, 766 (9th Cir.1992). The claim that an indictment fails to state a crime survives a…