United States v. Rene Perales

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rene PERALES, Defendant-Appellant. No. 94-36122. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 8, 1995. Before BROWNING, WRIGHT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Perales was convicted of multiple drug-related offenses. He unsuccessfully appealed both his conviction and sentence. He subsequently filed two motions under 28 U.S.C. Sec. 2255 , which were denied. He brought two more Sec. 2255 motions, which also were denied. He appeals. 3 We review de novo the court's denial of a Sec. 2255 motion. Shah v. United States, 878 F.2d 1156, 1158 (9th Cir.), cert. denied, 493 U.S. 869 (1989). 4 * We conclude that Perales's claims about his acceptance of responsibility and the Government's misconduct are barred as successive claims. Unless a petitioner shows cause and prejudice, a court may not reach the merits of…