IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10633
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY ALLEN RESSLER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:96-CV-049
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February 11, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Larry Allen Ressler, federal prisoner # 22047-077, appeals
from the district court’s dismissal of his second 28 U.S.C.
§ 2255 motion to vacate, set aside, or correct his sentence as
abusive. Ressler argues that he exercised due diligence in
obtaining and attempting to secure the information pertaining to
the “housebreaking” convictions and that the district court
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-10633
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abused its discretion when it summarily dismissed his motion for
abuse of the writ without first holding an evidentiary hearing.
We have reviewed the record and find no reversible error.
The district court did not abuse its discretion in dismissing
Ressler’s second § 2255 motion as abusive without first holding
an evidentiary hearing because Ressler failed to show cause for
his procedural default and there would be no miscarriage of
justice if the court did not to consider the claim. United
States v. Flores, 981 F.2d 231, 234-36 (5th Cir. 1993).
Accordingly, the judgment of the district court is AFFIRMED.