Unpublished Disposition, 842 F.2d 1295 (9th Cir. 1988)

MEMORANDUM^** 

Paul Burnham Palmer, who served ninety days on weekends and a probationary sentence for ordering federal agents off his property with a shotgun, appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate the judgment. Palmer contends that: (1) his guilty plea was involuntary and there was no factual basis to support his plea; (2) he was denied effective assistance of counsel; (3) his indictment was defective; and (4) he was denied an evidentiary hearing on these matters. We affirm.

Palmer's guilty plea was not involuntary. His untimely claim that he was intimidated by the possibility of a substantial prison term and fines has no merit. See Bordenkircher v. Hayes, 434 U.S. 357, 363-64 (1978). Equally devoid of merit is his claim that he was intimidated by the belief that the indictment would prejudice the jury against him. Indictments are rarely seen as commendations. See Matthews v. United States, 569 F.2d 941, 943 (5th Cir.), cert. denied, 439 U.S. 1046 (1978). He also claims that he feared the trial judge was biased against him. This claim is unfounded. See Mayes v. Leipziger, 729 F.2d 605, 607 (9th Cir. 1984). There was a more than sufficient factual basis in the record to support his guilty plea.

Palmer make no showing of ineffective assistance of counsel. The record shows that his counsel's performance was not deficient. See Strickland v. Washington, 466 U.S. 668, 687-88 (1984).

Palmer is not entitled to relief as a result of alleged defects in his indictment because, by pleading guilty, Palmer waived all nonjurisdictional defects in his indictment. United States v. Broncheau, 597 F.2d 1260, 1262 n. 1 (9th Cir.), cert. denied, 444 U.S. 859 (1979). Finally, Palmer was not entitled to an evidentiary hearing because the record before the trial court conclusively showed that his claims were unfounded. See 28 U.S.C. § 2255.

AFFIRMED.