United States of America, Plaintiff-appellee, v. Raymond Iglesias, Defendant-appellant, 104 F.3d 366 (9th Cir. 1996)

MEMORANDUM^** 

Raymond Iglesias appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence for conspiracy to possess cocaine with intent to distribute. Iglesias contends that the district court erred by: (1) determining his offense level by using an amount of cocaine from a count of possession for which the jury failed to reach a verdict; and (2) failing to instruct the jury to continue their deliberation until it reached a verdict on all counts charged. We have jurisdiction pursuant to 28 U.S.C. § 2255. We review de novo the district court's denial of Iglesias's motion, Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir. 1995), and affirm.

Iglesias has previously raised his first claim on direct appeal, and we rejected the claim. Accordingly, we will not review his claim again in this proceeding. See United States v. Redd, 759 F.2d 699, 700-01 (9th Cir. 1985) (per curiam); Egger v. United States, 509 F.2d 745, 748 (9th Cir. 1975).

Because Iglesias did not raise his second claim in his section 2255 motion, we will not review it here. See United States v. Beierle, 77 F.3d 1199, 1201 (9th Cir. 1996).

Accordingly, the district court's judgment is

AFFIRMED.