Ambrose Mitchell v. United States

Good Law
21 F.3d 1114·1994 WL 141270·1994 U.S. App. LEXIS 20049
United States Court of Appeals for the Ninth CircuitApril 19, 199493-15323California456 words

Opinion

Opinion

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ambrose MITCHELL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-15323. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1994. * Decided April 19, 1994. 1 Before: GOODWIN, NORRIS, and O'SCANNLAIN, Circuit Judges 2 MEMORANDUM ** 3 Petitioner Ambrose Mitchell was convicted of, among other crimes, first degree murder. We affirmed his conviction on direct appeal. Petitioner filed a pro se motion to vacate his sentence pursuant to 28 U.S.C. Sec. 2255 (1988), which the district court denied. Petitioner again appeals. We again affirm. 4 Petitioner argues that there was insufficient evidence to show that he had the specific intent to commit murder due to his intoxication at the time of the killing. This precise issue was raised by petitioner on direct appeal and rejected by this court. Since petitioner offers no justification for revisiting an issue decided at trial and…

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