United States of America v. Enrique Avalos-Barriga

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ENRIQUE AVALOS-BARRIGA,
Defendant - Appellant.
No. 06-56693
D.C. Nos. CV-99-01686-BTM
CR-95-00973-BTM
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Federal prisoner Enrique Avalos-Barriga appeals from the district court’s
judgment denying his 28 U.S.C.§ 2255 motion. We have jurisdiction pursuant to
28 U.S.C. § 2253, and we affirm.
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EH/Research 06-56693 2
Because Avalos-Barriga’s claim of ineffective assistance of counsel during
trial has been explicitly addressed in a previous proceeding, we will not reconsider
that issue. See United States v. Avalos-Barriga, 21 Fed.Appx. 626 (9th Cir. 2001).
We deny Avalos-Barriga’s request to expand the certificate of appealability.
See 9th Cir. R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.
1999) (per curiam).
AFFIRMED.

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