United States v. Julio Mena

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Julio MENA, Defendant-Appellant. No. 93-16912. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * Decided June 30, 1995. Before: O'SCANNLAIN, LEAVY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Julio Mena, a federal prisoner, 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 The district court properly declined to consider the merits of Mena's contentions regarding his entitlement to a downward departure from his Guidelines sentence for providing substantial assistance to the government pursuant to U.S.S.G. Sec. 5K1.1. We rejected these contentions in Mena's direct appeal. See United States v. Mena, 925 F.2d 354 (9th Cir. 1991). A contention previously rejected on direct appeal cannot be the basis of a Sec. 2255 motion absent an intervening change in…