United States v. Andre McDaniels

JERRY E. SMITH, Circuit Judge:

Andre McDaniels filed a motion under 28 U.S.C. § 2255 , alleging that the prosecution breached its plea agreement and that his attorney provided ineffective assistance of counsel ("IAC"). Upon the dismissal of his motion, McDaniels filed a Federal Rule of Civil Procedure 59(e) motion to alter the judgment, which the district court dismissed without an evidentiary hearing. Because the Rule 59 motion constitutes a successive § 2255 application *368 under Gonzalez v. Crosby , 545 U.S. 524 , 532, 125 S.Ct. 2641 , 162 L.Ed.2d 480 (2005), this court is without jurisdiction…