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U.S. v. GONZALEZ

No. 07-40517.

592 F.3d 675 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Raul GONZALEZ Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 29, 2009.

Attorney(s) appearing for the Case

David Clayton Searle (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Steven Jay Rozan (argued), Steven Rozan & Associates, Houston, TX, for Gonzalez.

Before BENAVIDES, DENNIS and ELROD, Circuit Judges.

PER CURIAM:

This appeal arises from the district court's decision to deny Petitioner Raul Gonzalez Jr.'s 28 U.S.C. § 2255 motion collaterally attacking his sentence. We granted a Certificate of Appealability (COA) on two issues: (1) whether we should take cognizance of an issue not raised in the parties' original briefs: that the court below had abused its discretion by denying petitioner leave to amend his § 2255 motion; and (2) if we do take cognizance...

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