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2 F. App'x 339

United States v. Braxton

U.S. Courts of Appeals

Decided January 24, 2001

U.S. Courts of Appeals · decided 2001-01-24

Cited by 1 later decisions — most recently January 2002

1 district ·

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Shade v. Great Lakes Dredge & Dock Co. · United States v. Rich

Good law ✅— No negative treatment on recordhow we know

Decided 2001-01-24

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PER CURIAM.

¶1 Savino Braxton appeals the district court’s order denying his motion to amend his motion for habeas corpus relief under 28 U.S.C.A. § 2255 (West Supp. 2000). We have reviewed the record and the district court’s opinion and find no abuse of discretion. Moreover, Braxton’s motion to amend is tantamount to a successive § 2255 motion, for which Braxton must obtain authorization from this court to file. See United States v. Rich, 141 F.3d 550, 551-53 (5th Cir.1998) (holding that motion filed under Fed.R.Civ.P. 60(b), properly construed as successive § 2255 motion), cert. denied, 526 U.S. 1011, 119 S.Ct. 1156, 143 L.Ed.2d 221 (1999). Accordingly, we affirm on the reasoning of the district court. United States v. Braxton, No. CR-90-135-K (D.Md. Oct. 30, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶2 AFFIRMED.

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