James Lee Pinkerton v. Mark Henry

2 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Lee PINKERTON, Petitioner-Appellant, v. Mark HENRY, Respondent-Appellee. No. 92-56105. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 7, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner James Lee Pinkerton appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2255 motion 1 challenging his 1977 jury conviction and sentence for murder and robbery of a postal worker and related counts in violation of 18 U.S.C. Secs. 8371 , 2114, 1114, and 1111. This is Pinkerton's third section 2255 motion challenging his conviction and sentence. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 3 On appeal, the government argues that Pinkerton raises procedurally defaulted and successive claims in this latest section 2255 motion. We agree. 2 4 Pinkerton raised eight claims before the district court: (1)…