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U.S. v. BEVERLEY

No. 92-50542.

5 F.3d 372 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. James Alexander BEVERLEY, aka: James Bradley, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1993.

Attorney(s) appearing for the Case

David R. Fields, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Jerry D. Whatley, Santa Barbara, CA, for defendant-appellant.

Before TANG, CANBY, and BEEZER, Circuit Judges.

TANG, Circuit Judge:

Beverley pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113(a). The presentence report determined that Beverley had two prior felony convictions qualifying him as a career offender: (1) a 1985 conviction for selling marijuana; and (2) a 1989 robbery conviction. Prior to sentencing, Beverley filed a "Position Re: Sentencing" contesting the validity of his 1985 marijuana conviction and attached thereto a copy of his...

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