United States v. Amanuel Devon Brooks

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Amanuel Devon BROOKS, Defendant-Appellant. No. 93-35128. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Amanuel Devon Brooks appeals pro se the district court's dismissal of his second 28 U.S.C. Sec. 2255 motion as successive and an abuse of the writ. We have jurisdiction under 28 U.S.C. Secs. 2253 and 2255. We review for an abuse of discretion, Howard v. Lewis, 905 F.2d 1318, 1321 (9th Cir.1990), and affirm. 3 "[W]hen a federal prisoner presents a claim in a Sec. 2255 petition that he has presented previously, the federal court retains the discretion to refuse to consider the claim on the basis that the prisoner is abusing the writ." Walter v. United States, 969 F.2d 814, 816 (9th Cir.1992). When a claim has been adjudicated in a prisoner's…