United States v. Paul Wendell Barnhill

990 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul Wendell BARNHILL, Defendant-Appellant. No. 92-16485. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 5, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Paul Wendell Barnhill appeals pro se the district court's denial of his motion to reconsider the denial of his 28 U.S.C. § 2255 motion. Barnhill contends that the district court erred by finding that he failed to satisfy the "in custody" requirement for a section 2255 motion. We have jurisdiction under 28 U.S.C. § 2255 , and we affirm. 3 We review a district court's denial of a motion for reconsideration for an abuse of discretion. Whale v. United States, 792 F.2d 951, 952 (9th Cir.1986). 4 Relief under section 2255 is not available to a defendant who has completed his sentence and has been released from custody.…