Marlondo Ansara Toney v. United States

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marlondo Ansara TONEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-35915. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 11, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Marlondo Ansara Toney, a federal prisoner, appeals pro se the denial of his second 28 U.S.C. Sec. 2255 motion. He contends that the district court erred by finding his motion procedurally barred. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 3 "[W]hen a federal prisoner presents a claim in a Sec. 2255 motion that he has presented previously, the federal court retains the discretion to refuse to consider the claim...." Walter v. United States, 969 F.2d 814, 816 (9th Cir.1992); see also 28 U.S.C. Sec. 2255 ("The sentencing court shall not be required to entertain a second or successive motion for similar relief on…