U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Avalos-Barriga

United States v. Avalos-Barriga
U.S. Court of Appeals for the Ninth Circuit · Decided January 11, 2010 · Fisher, Goodwin, Wallace
362 F. App'x 615

United States v. Avalos-Barriga

Opinion of the Court

MEMORANDUM **

Federal prisoner Enrique Avalos-Barri-ga appeals from the district court’s judg*616ment denying his 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Because Avalos-Barriga’s claim of ineffective assistance of counsel during trial has been explicitly addressed in a previous proceeding, we will not reconsider that issue. See United States v. Avalos-Barriga, 21 Fed.Appx. 626 (9th Cir. 2001).

We deny Avalos-Barriga’s request to expand the certificate of appealability. See 9th Cir. R. 22 — 1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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