Stanley Lee Vance, A/k/a Stanley Lee Wheeler, Petitioner-appellant, v. United States of America, Respondent-appellee, 60 F.3d 835 (9th Cir. 1995)

MEMORANDUM^** 

Stanley Lee Vance, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. We have jurisdiction under 28 U.S.C. § 2255, and we affirm.

Vance contends that he was improperly sentenced as an armed career criminal pursuant to 18 U.S.C. § 924(e). The district court properly declined to consider the merits of this argument. We rejected this contention in Vance's direct appeal. See United States v. Vance, No. 91-50565 (unpublished disposition) (9th Cir. April 28, 1992). A contention previously rejected on direct appeal cannot be the basis of a Sec. 2255 motion absent an intervening change in the law or manifest injustice, neither of which are present here. See Walter v. United States, 969 F.2d 814, 816-17 (9th Cir. 1992); United States v. Redd, 759 F.2d 699, 701 (9th Cir. 1985).

Vance also contends that his guilty plea was not knowing and intelligent due to his counsel's incompetence in failing to inform him that he could be sentenced as an armed career criminal. We disagree. The plea hearing transcript establishes that both Vance's counsel and the court advised him that he could be sentenced as an armed career criminal (Transcript of 4/24/94 at pp. 6-11).

AFFIRMED.