United States v. Terry Harvey

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Terry HARVEY, Defendant-Appellant. No. 96-55007. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 6, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Terry Harvey, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 200-month sentence. Harvey was convicted after pleading guilty to one count of bank robbery and was sentenced as a career offender. We review de novo a district court's decision on a section 2255 motion. Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995). We have jurisdiction pursuant to 28 U.S.C. § 2255 , and we affirm. 3 Harvey contends that the district court should not have categorized him as a career offender because his 1980 state conviction was obtained in violation of his constitutional rights. This…