Dean Edward Bowen v. United States

98 F.3d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dean Edward BOWEN, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee. No. 96-35486. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 10, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Dean Edward Bowen appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. Bowen contends the district court abused its discretion when it dismissed his challenge to his 1982 guilty-plea conviction pursuant to Rule 9(a) of the rules governing section 2255 proceedings. We have jurisdiction under 28 U.S.C. § 2255 , and we affirm. 3 We review de novo a district court's decision on a section 2255 motion. Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995). Unless a petitioner shows that he has acted diligently, Rule 9(a) may bar a section 2255 motion if…