United States of America, Plaintiff-appellee, v. Mitchell D. Johnson, Defendant-appellant, 142 F.3d 446 (9th Cir. 1998)

MEMORANDUM¹ 

Mitchell Decham Johnson appeals pro se the sentence imposed following his guilty plea to bank robbery. We affirm.

Johnson contends that the district court erred by considering his 1988 state cocaine conviction in classifying him as a career offender because he merely possessed a small amount of cocaine for personal use. He concedes that he pleaded guilty to possession for sale of cocaine, in violation of Cal. Health & Safety Code § 11351. Because possession for sale of cocaine is a "controlled substance offense" within the meaning of U.S.S.G. § 4B1.2(2), the district court properly sentenced Johnson as a career offender. See U.S.S .G. § 4B1.1; United States v. Williams, 47 F.3d 993, 994-95 (9th Cir. 1995); United States v. Davis, 932 F.2d 752, 763 (9th Cir. 1991).

We reject Johnson's contention that his counsel was ineffective in not timely obtaining police reports underlying his state cocaine conviction. Johnson was not prejudiced by his counsel's failure to obtain the reports because they were not relevant to the district court's determination of his career offender classification. See Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); Williams, 47 F.3d at 994.

Finally, the district court complied with Fed. R. Crim. P. 11 in accepting Johnson's guilty plea. The court properly advised Johnson of the maximum penalty for bank robbery. The court was not required to advise Johnson of the applicable guidelines range. See Fed. R. Crim. P. 11(c) (1).

AFFIRMED.