United States v. Brian Keith Deline

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brian Keith DELINE, Defendant-Appellant. No. 93-55763. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 14, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Brian K. Deline, a federal prisoner, appeals pro se the district court's denial of his third 28 U.S.C. Sec. 2255 motion. Deline pled guilty to one count of bank robbery and was sentenced to 37 months imprisonment. He contends that the district court erred by denying his claim that he should have received a downward departure for aberrant behavior. We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3 A section 2255 motion may be dismissed as successive if it presents the same ground previously determined on its merits adversely to petitioner and the ends of…