United States v. Rory A. Johnson

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rory A. JOHNSON, Defendant-Appellant. No. 96-15152. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 22, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Rory A. Johnson appeals pro se the district court's denial of his motion for 28 U.S.C. § 2255 relief. Johnson was convicted after pleading guilty to three counts of bank robbery, and sentenced as a career offender. Johnson claims the district court erred, first, by relying on an invalid prior conviction to sentence him as a career offender, second, by failing adequately to apprise him of the nature of the charges before accepting his guilty plea and, third, by failing to establish an adequate factual basis before accepting the plea. We have jurisdiction under 28 U.S.C. § 2255 , and we affirm. 3 We review de novo a district court's denial…