United States v. Young

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-50030
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEROY YOUNG,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. CA-W-94-325 (CR-W-89-145-3)
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June 29, 1995
Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
The factual and legal bases for Leroy Young's due process
violation claim were available when Young filed his first 28
U.S.C. § 2255 motion; therefore, the district court did not abuse
its discretion by dismissing his current motion as abusive under
Rule 9(b) of the Rules Governing § 2255 Proceedings. United
States v. Flores, 981 F.2d 231, 234 (5th Cir. 1993).
AFFIRMED.
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.