Carlos Molina v. Richard H. Rison, Warden

NELSON, Circuit Judge:

Appellant Carlos Molina appeals from the dismissal, without a hearing, of his third motion under 28 U.S.C. § 2255 challenging his conviction and sentence on one count of bank robbery. Molina's motion raises two issues. First, Molina contends that the sentencing judge improperly relied on the fact that Molina had refused to cooperate with the probation office. We reject this claim as successive, because it raises a ground that was decided adversely to Molina, on the merits, in proceedings concerning a prior § 2255 motion. Second, Molina contends that the sentencing judge…