United States v. Mickey Dean Beaty

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mickey Dean BEATY, Defendant-Appellant. No. 96-30030. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 11, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Mickey Dean Beaty appeals his conviction, following his conditional guilty plea for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and an armed career criminal in violation of 18 U.S.C. § 924 (e)(1). Beaty contends that: (1) section 922(g)(1) is unconstitutional under United States v. Lopez, 115 S.Ct. 1624 (1995) and (2) the district court should have dismissed his indictment because he received ineffective assistance of counsel during prior state court proceedings involving the same conduct. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Beaty first contends that district…