United States of America, Plaintiff-appellee, v. Sidney A. Potts, Defendant-appellant, 67 F.3d 310 (9th Cir. 1995)

MEMORANDUM^** 

Sidney A. Potts, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2255 motion. He contends the district court erred when it denied his motion to vacate his conviction. 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.

On April 1, 1994, Potts filed this section 2255 motion in district court, contending that his conviction should be vacated because the search and seizure underlying his arrest were unconstitutional. Because Potts had a fair opportunity to litigate these issues previously, his Fourth Amendment claims are barred on collateral review. See United States v. Hearst, 638 F.2d 1190, 1196 (9th Cir. 1980), cert. denied, 451 U.S. 938 (1981). Because Potts failed to raise ineffective assistance of counsel in his motion in district court, we decline to address this claim on appeal. See United States v. Keller, 902 F.2d 1391, 1395 (9th Cir. 1990).

AFFIRMED.