MOLINA v. RISON

No. 88-6388.

886 F.2d 1124 (1989)

Carlos MOLINA, Petitioner-Appellant, v. Richard H. RISON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1989.


Attorney(s) appearing for the Case

Carlos Molina, San Diego, Cal., petitioner-appellant, pro se.

Judith S. Feigin, Asst. U.S. Atty., San Diego, Cal., for respondent-appellee, U.S.

Before FLETCHER and NELSON, Circuit Judges, and CARROLL, District Judge.


NELSON, Circuit Judge:

Appellant Carlos Molina appeals from the dismissal, without a hearing, of his third motion under 28 U.S.C. § 2255 challenging his conviction and sentence on one count of bank robbery. Molina's motion raises two issues. First, Molina contends that the sentencing judge improperly relied on the fact that Molina had refused to cooperate with the probation office. We reject this claim as successive, because it raises a ground that was decided...

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