United States v. Larry Balidoy Baligad

60 F.3d 835 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Larry Balidoy BALIGAD, Defendant-Appellant. No. 94-16655. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * Decided July 3, 1995. Before: O'SCANNLAIN, LEAVY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Larry Balidoy Baligad appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 3 Baligad first contends that the district court improperly sentenced him under 21 U.S.C. Sec. 841 (b)(1)(A)(viii) because he did not possess pure methamphetamine. We previously rejected this contention in Baligad's direct appeal. See United States v. Baligad, No. 90-10286 (unpublished disposition) (9th Cir. Jan. 16, 1992). A contention previously rejected on direct appeal cannot be the basis of a Sec. 2255 motion absent an intervening change in the law or manifest…