Loyd Dickinson, Petitioner-appellant, v. United States of America, Respondent-appellee, 48 F.3d 1227 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 48 F.3d 1227 (9th Cir. 1995)

Submitted Feb. 21, 1995.*Decided Feb. 27, 1995

Before: SCHROEDER, CANBY and LEAVY, Circuit Judges.




Loyd Gale Dickinson, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion challenging his jury conviction for kidnapping. We have jurisdiction pursuant to 28 U.S.C. Sec. 2255, and we affirm.


In his direct criminal appeal, Dickinson unsuccessfully argued that the district court improperly denied his motion for recusal. See United States v. Dickinson, No. 85-1135 (unpublished disposition) (9th Cir. June 6, 1986). He sought to relitigate the same issue in his section 2255 motion. A contention previously rejected on direct appeal cannot be the basis of a section 2255 motion absent an intervening change in the law or manifest injustice, neither of which are present here. See Walter v. United States, 969 F.2d 814, 816-17 (9th Cir.1992); United States v. Redd, 759 F.2d 699, 701 (9th Cir.1985). Accordingly, the district court properly denied Dickinson's section 2255 motion.


Dickinson also sought to disqualify the judge at the hearing on the section 2255 motion on the same ground that he asserted on direct appeal. As before, we find no merit in the contention.