United States v. Gregory Mays

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gregory MAYS, Defendant-Appellant. Nos. 95-16837, 96-10188. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1996. * Decided Dec. 5, 1996. Before: FLETCHER, FARRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Mays appeals the district court's denial of his second 28 U.S.C. § 2255 motion. We affirm. 3 The basis of Mays' claim of error on the entrapment instruction does not differ in kind from his claim of error on direct appeal. He argues that the instruction failed clearly and correctly to explain the requirement of a previous intent to commit a crime. "[A] different factual basis or argument asserted to support the same legal theory advanced previously does not constitute a new ground for relief." Campbell v. Blodgett, 997 F.2d 512, 515 (9th Cir.1993) (citing Sanders v. United States, 373 U.S. 1, 16 (1963), cert. denied sub nom. Campbell v.…