Unpublished Disposition, 852 F.2d 573 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 852 F.2d 573 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.Hipolito RIVERA-RAMIREZ, Defendant-Appellant.

No. 87-5508.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 2, 1988.Decided June 30, 1988.

Before FLETCHER, FARRIS, and PREGERSON, Circuit Judges.


The Government maintains that Rivera's Sec. 2255 motion is a successive petition. We agree. The crux of his earlier Rule 32(d) motion was his claim of dereliction on the part of his attorney. See United States v. Rivera-Ramirez, 715 F.2d 453, 457-58 (9th Cir. 1983). The ineffective assistance claims he now raises in his Sec. 2255 motion are "identical" to those in the Rule 32(d) motion under Sanders v. United States, 373 U.S. 1, 16 (1963). Sanders requires that we affirm unless Rivera establishes that the ends of justice would be served by reconsideration of his claims. Id. at 15. He has made no such showing. The denial of his habeas corpus petition is therefore



This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit Rule 36-3