865 F.2d 265
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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,
William Joseph POWELL, Jr., Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Dec. 15, 1988.
Decided Dec. 20, 1988.
Before EUGENE A. WRIGHT, WALLACE and PREGERSON, Circuit Judges.
Powell appeals the district court's denial of his motion under 28 U.S.C. Sec. 2255 to vacate or set aside his sentence. This appeal comes four years after his 1982 conviction for bank robbery in violation of 18 U.S.C. Sec. 2113(a). No direct appeal was taken.
He contends that his guilty plea was not made voluntarily or intelligently and that counsel was ineffective. We affirm the judgment of the district court for the reasons well expressed by Judge McGovern in his opinion and order denying Powell's Sec. 2255 motion, filed July 2, 1987, and Magistrate Weinberg in his Report and Recommendation, adopted by the court and filed on December 29, 1986. Magistrate Weinberg considered thoroughly the assistance of counsel by both Savage and Vonasch, finding no merit to Powell's claim. On the other claim, Judge McGovern found that Powell entered his plea "voluntarily and intelligently, upon the advice of counsel, and with full knowledge of the consequences of the plea." His 28 U.S.C. Sec. 2255 motion was denied properly.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3