United States of America, Plaintiff-appellee, v. Alfred L. Cameron, Defendant-appellant, 892 F.2d 1047 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 892 F.2d 1047 (9th Cir. 1989)

Submitted Aug. 22, 1989. Decided Dec. 14, 1989


Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.


MEMORANDUM** 

Cameron appeals the district court's order dismissing his petition brought pursuant to 28 U.S.C. § 2255. Cameron's petition raises three issues: vindictive prosecution, double jeopardy, and ineffective assistance of counsel. First, to invoke a presumption of vindictiveness, the defendant must establish an appearance of vindictiveness. United States v. Robison, 644 F.2d 1270, 1271 (9th Cir. 1981). Cameron has failed to adduce any facts that meet this threshold burden. Second, Cameron claims double jeopardy. We have already considered and decided this issue in our Memorandum Decision of February 3, 1978. Finally, Cameron claims ineffective assistance of counsel. Cameron has raised this claim in prior § 2255 petitions. Nothing in this petition could not have been raised in earlier petitions. Thus, given the interests in finality to the process, Engle v. Isaac, 456 U.S. 107, 126, 102 S. Ct. 1558, 71 L. Ed. 2d 783 (1982), and pursuant to Rule 9(b) of the Rules governing § 2255 proceedings, this claim was properly dismissed.

AFFIRMED.

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The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3