Oscar Andiarena v. United States

Oscar Andiarena (petitioner) appeals pro se from the denial of his second petition under 28 U.S.C. § 2255 to vacate his sentence. The district court dismissed the petition as an “abuse of the writ” pursuant to McCleskey v. Zant, — U.S.-, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991). We affirm.

I

In 1985, petitioner was convicted of conspiracy to possess with intent to distribute cocaine and thereafter was sentenced to a 30-year prison term. On appeal, represented by new counsel, he cited as error (1) the district court’s admission into evidence of prior bad acts, (2) the court reporter’s failure to…