United States v. Joseph John Nardi

Ninth Circuit

United States v. Joseph John Nardi

56 F.3d 74, 1995 U.S. App. LEXIS 21352, 1995 WL 306869

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 18, 1995

Docket94-50374

StatusPublished

This text of 56 F.3d 74 (United States v. Joseph John Nardi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Joseph John Nardi, 56 F.3d 74, 1995 U.S. App. LEXIS 21352, 1995 WL 306869 (9th Cir. 1995).

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Opinion

56 F.3d 74
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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.
Joseph John NARDI, Defendant-Appellant.

No. 94-50374.

United States Court of Appeals, Ninth Circuit.

Submitted May 16, 1995.*
Decided May 18, 1995.

Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges.

MEMORANDUM**

Joseph John Nardi appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to one count of bank robbery, in violation of 18 U.S.C. Sec. 2113(a). Nardi contends that the district court erred in refusing to allow him to attack at sentencing the validity of his prior convictions based on which Nardi was classified as a career offender pursuant to section 4B1.1 of the Sentencing Guidelines. We recently held that a defendant does not have the right to attack collaterally prior convictions before a sentencing court may count those convictions for purposes of career offender calculations. United States v. Price, No. 91-10377, slip op. 4573, 4577-79 (9th Cir. April 21, 1995). Nardi's sentence is, accordingly,

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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56 F.3d 74
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.
Joseph John NARDI, Defendant-Appellant.

No. 94-50374.

United States Court of Appeals, Ninth Circuit.

Submitted May 16, 1995.*
Decided May 18, 1995.

Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges.

MEMORANDUM**

Joseph John Nardi appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to one count of bank robbery, in violation of 18 U.S.C. Sec. 2113(a). Nardi contends that the district court erred in refusing to allow him to attack at sentencing the validity of his prior convictions based on which Nardi was classified as a career offender pursuant to section 4B1.1 of the Sentencing Guidelines. We recently held that a defendant does not have the right to attack collaterally prior convictions before a sentencing court may count those convictions for purposes of career offender calculations. United States v. Price, No. 91-10377, slip op. 4573, 4577-79 (9th Cir. April 21, 1995). Nardi's sentence is, accordingly,

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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Bluebook (online)

56 F.3d 74, 1995 U.S. App. LEXIS 21352, 1995 WL 306869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-joseph-john-nardi-ca9-1995.