848 F2d 1243 United States v. Pendleton
848 F.2d 1243
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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.
Kenneth Lloyd PENDLETON, Defendant-Appellant.
No. 87-3968.
United States Court of Appeals, Ninth Circuit.
Submitted April 27, 1988.*
Decided May 31, 1988.
Before NELSON, NOONAN and LEAVY, Circuit Judges.
MEMORANDUM**
Kenneth L. Pendleton, a federal prisoner, appeals pro se from a district court order dismissing his 28 U.S.C. Sec. 2255 motion to vacate a criminal sentence. Pendleton contends the district court did not have jurisdiction over his prosecution for bank robbery under 18 U.S.C. Sec. 2113(d) because the government did not prove that the bank he robbed was federally insured.
The district court order is affirmed. A guilty plea conclusively proves the factual allegations contained in an indictment. United States v. Mathews, 833 F.2d 161, 164 (9th Cir.1987). Accordingly, Pendleton's guilty plea conclusively proved the indictment's allegation that the bank was federally insured, and thereby relieved the government of having to prove the allegation. See United States v. Davis, 452 F.2d 577, 578 (9th Cir.1971) (per curiam) (when a defendant pleads guilty to bank robbery under 18 U.S.C. Sec. 2113, the government is not required to prove that the bank was federally insured). Once it was established that the bank was federally insured, the district court had jurisdiction under 18 U.S.C. Sec. 2113 to issue a sentence. See Mathews, 833 F.2d at 164 (by pleading guilty, the defendant established the factual basis for jurisdiction, which then arose by operation of the applicable statute). Accordingly, the district court did not err by dismissing Pendleton's motion. See id. at 165 (dismissal is mandatory when a Sec. 2255 movant cannot prevail on his motion).
AFFIRMED.