IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20877
USDC No. H-97-CV-2335
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUBEN DARIO SANCHEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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July 2, 1998
Before JONES, SMITH and BARKSDALE, Circuit Judges.
PER CURIAM:
Ruben Dario Sanchez, federal prisoner #60156-079, seeks to
appeal the district court’s dismissal of his motion to vacate his
sentence pursuant to 28 U.S.C. § 2255. This court must examine
the basis of its subject-matter jurisdiction on its own motion if
necessary. Giannakos v. M/V BRAVO TRADER, 762 F.2d 1295, 1297
(5th Cir. 1985). Under the Antiterrorism and Effective Death
Penalty Act (AEDPA), a prisoner seeking to file a second or
successive § 2255 motion in the district court must apply for
leave to do so from this court. 28 U.S.C. §§ 2244(b)(3)(A),
O R D E R
No. 97-20877
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2255. Because Sanchez had not obtained prior permission from
this court to file his successive § 2255 motion, the district
court was without jurisdiction to entertain his successive § 2255
motion. See id. A certificate of appealability is GRANTED, and
the district court’s judgment is VACATED. The case is REMANDED
to the district court for the entry of a judgment dismissing
Sanchez’s successive § 2255 motion for lack of subject matter
jurisdiction.