Legal Opinion
United States v. Gonzalez
Court of Appeals for the Fifth Circuit
Decided December 29, 2009No. 07-40517PublishedCited by 63 opinions
1Per 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 of this issue, whether it has merit. Having reviewed the parties’ briefs and heard oral argument in this matter, we affirm.
I. FACTUAL BACKGROUND
In May…
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