June 10, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-2301
LUCAS REYES-RIVERA,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ronald R. Lagueux, U.S. District Judge]
Before
Torruella, Selya and Cyr,
Circuit Judges.
Lucas Reyes-Rivera on brief pro se.
Edwin J. Gale, United States Attorney, and Margaret E.
Curran, Assistant United States Attorney, on brief for appellee.
Per Curiam. We affirm the dismissal of
appellant's 2255 petition for the reasons stated in the
government's brief and in our December 3, 1991 opinion. That
opinion rejected appellant's challenge to (1) a two level
upward adjustment for managerial role and (2) denial of a two
level reduction for acceptance of responsibility. Appellant
may not relitigate in a 2255 petition arguments already
rejected on direct appeal. United States v. Michaud, 901
F.2d 5,6 (1st Cir. 1990); Tracey v. United States, 739 F.2d,
679, 682 (1st Cir. 1984), cert. denied, 469 U.S. 1109 (1985).
Appellant's contention that he was improperly denied a four
level reduction for minimal participant status fails for the
very reasons we upheld the two level increase for managerial
role.
Affirmed.
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