United States of America, Plaintiff-appellee, v. Paul Junior Hazelwood, Defendant-appellant, 56 F.3d 74 (9th Cir. 1995)

MEMORANDUM^** 

Paul Junior Hazelwood, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. On July 30, 1992, Hazelwood pleaded guilty to armed bank robbery and use of a firearm in relation to a crime of violence in violation of 18 U.S.C. §§ 2113(a), (d) and 924(c). On October 28, 1992, he was sentenced to 93 months' imprisonment. He contends the district court erred when it rejected his arguments that he should have received downward departures because (1) his conduct constituted aberrant behavior and (2) the firearm used in the robbery was unloaded and inoperable. We have jurisdiction pursuant to 28 U.S.C. § 2255. After accepting the district court's factual findings unless clearly erroneous and reviewing its conclusions of law de novo, Doganiere v. United States, 914 F.2d 165, 167 (9th Cir. 1990), cert. denied, 499 U.S. 940 (1991), we affirm for the reasons stated by the district court.

AFFIRMED.