Clewis

United States v. Clewis

Good Law
32 F. App'x 972
United States Court of Appeals for the Ninth CircuitApril 16, 2002No. 01-35348; D.C. No. CV-00-05472-JETCalifornia355 words

Opinion

Lead Opinion

MEMORANDUM **

Scott William Clewis, a federal prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion challenging the 135 month sentence imposed following his guilty plea convictions for conspiracy to distribute methamphetamine and money laundering. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo the denial of a section 2255 motion, Sanchez v. United States, 50 F.3d 1448, 1451 (9th Cir.1995), and we affirm.

Clewis contends that he was erroneously sentenced as a career offender under U.S.S.G. § 4B1.1. As the district court correctly concluded, however, this claim was previously denied on direct appeal to this court. Because no circumstances exist in Clewis’ case requiring us to reconsider our earlier decision, the district court properly denied relief on this claim. See United States v. Scrivner, 189 F.3d 825, 828 (9th Cir.1999) (concluding that, absent certain circumstances, resolution of a defendant’s claim on direct appeal precludes collateral review of same issue in a 28 U.S.C. § 2255 motion).

Clewis also contends that counsel was ineffective for failing to object to the career offender enhancement. This contention…

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