United States v. Fabian Gonzalez-Ezequiel

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fabian GONZALEZ-EZEQUIEL, Defendant-Appellant, No. 95-55366. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 5, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Fabian Gonzalez-Ezequiel, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2255 motion. He contends the district court erred when it denied him relief. We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review de novo the denial of a section 2255 motion. United States v. Moore, 921 F.2d 207, 209 (9th Cir.1990). We affirm. 3 On October 4, 1994, Gonzalez-Ezequiel filed his first pro se section 2255 motion. On December 28, 1994, Gonzalez-Ezequiel filed a second pro se section 2255 motion. On February 13, 1995, the district court dismissed the second 2255 motion as duplicative of the first. On…