United States v. Gary D. Ruster

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Gary D. RUSTER, Defendant-Appellant. No. 89-15370. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1991. * Decided Aug. 23, 1991. 1 Before CHAMBERS and SNEED, Circuit Judges, and KELLEHER, District Judge ** . 2 MEMORANDUM *** 3 Gary Ruster, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion, challenging the sentence imposed upon him following his conviction by jury trial for fraud in a social security application, in violation of 18 U.S.C. § 287 . 4 We review for an abuse of discretion a district court's decision to deny consideration on the merits of a petition for habeas relief on the basis that the petition is successive. Neuschafer v. Whitley, 860 F.2d 1470, 1474 (9th Cir.1988), cert. denied, 110 S.Ct. 264 (1989). Rule 9(b) of the Rules Governing Section 2255 Proceedings provides in part that a "successive…