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U.S. v. SAENZ

No. 00-11267.

282 F.3d 354 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Zosimo Reyes SAENZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 11, 2002.

Attorney(s) appearing for the Case

Christy Lee Drake, Asst. U.S. Atty., Amarillo, TX, for Plaintiff-Appellee.

Jon Karl Schmid, of counsel to Rodriguez, Colvin & Chaney, Brownsville, TX, for Defendant-Appellant.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal presents an issue of first impression in this circuit: whether the district court abused its discretion by denying, as time-barred, Zosimo Reyes Saenz's motion to amend his 28 U.S.C. § 2255 motion, rather than deciding whether, pursuant to Federal Rule of Civil Procedure 15, to allow the amendment. Saenz, federal prisoner # 27420-077, was granted a certificate of appealability on this issue alone. VACATED in...

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